The Director of Public Prosecutions (DPP) Noordin Haji suffered a major setback after a court thwarted his attempt to introduce fresh charges in the Sh4 billion transformers case against former Kenya Power Managing Director Ben Chumo and ten other top managers.

Trial magistrate Felix Kimbo said the new charges would reopen the case even after 33 witnesses have testified and the case is almost concluded.

“It is now four years since the accused persons were arraigned in court, and only five state witnesses are remaining, to allow the proposed amended charge will take us back to four years,” ruled the magistrate.

“In my view, this entails grave prejudice to the defence case and strategy. It is akin to subjecting the accused persons to a new trial in the middle of another.”

On May 30, 2022, the DPP through Delroy Mwasaru had sought to amend the charges by introducing fresh charges after amending some particulars in the old charges which were vehemently opposed by defence led Katwa Kigen saying the proposed new charges were being introduced too late in the day when the case was almost being closed.

“The new charges are an afterthought to seal loopholes in the defective case,” said Kigen while opposing the attempt.

Defective case

But the DPP countered the defence opposition to introduce new charges saying that the law permits introduction of amendments at any stage before judgment is rendered and no prejudice would be occasioned to the accused person.

According to the state, upon evaluation of the evidence on court record and pending evidence to be adduced at trial, there was material reasons which would necessitate the amendment of the charges currently facing the accused persons. The DPP had said that the intended charges were meant to ensure that justice is done.

“ I do not find that the state has demonstrated that it would suffer any prejudice the application fails in its entirety and is dismissed with no orders to cost,” Magistrate Kombo ruled.