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A Nairobi court has rejected an application by the Director of Public Prosecutions (DPP) to drop forgery charges against Kakamega Deputy Governor Ayub Savula and his two wives relating to advertising tender at the Ministry of Health.

Declining the DPP’s request, Milimani Chief Magistrate Lucas Onyina ordered Savula and his wives Melody Gatwiri and Hellen Kemboi to appear before him on September 23 and 24 for hearing of the case.

Savula and his two wives are charged that on January 10, 2017, at an unknown place within the republic of Kenya with intent to defraud, made false Ministry of Health requisition letter purporting it to have been issued and signed by a ministry staffer, Judith Sirima.

The magistrate ruled that the request by DPP to terminate the case did not consider the forgery charge.

“This court considers the totality of the request by the DPP and the accompanying High Court decision and finds the superior court did not address the forgery charge against the three which this court directs the DPP to present evidence,” Onyina ruled.

He, however, freed Savula, his wives and 14 others in 10 other counts including conspiracy to defraud the government Sh122 million in the Government Advertising Agency tenders. Others who were acquitted included former GAA boss Dennis Chebitwey.

The magistrate concurred with the DPP that the High Court has established that the substratum of the case was pegged on legality of the contract at the center of the dispute.

Savula and his two wives are charged that on January 10, 2017 at an unknown place within the republic of Kenya, jointly with others not before court without lawful authority made a false Ministry of Health requisition letter purporting it to have been issued and signed by Sirima.