The Office of Director of Public Prosecutions (ODPP) headed by Noordin Haji has resolved to drop charges against Jambo Pay CEO Dan Muchemi in a case involving the loss of Ksh1 billion in a deal with NHIF.According to the communication made on Wednesday, September 23, Muchemi was turned into a prosecution witness and is supposed to disclose company secrets that led to the signing and extension of the revenue collection contract.Muchemi’s lawyers had approached the ODPP and asked the prosecution to revise its decision to charge their clients. Jambo Pay CEO Danson Muchemi speaking during a past interviewFile “Following your request for the review of the decision to charge your clients Danson Muchemi Njuji, Robert Muriithi Muna and M/S Webtribe Limited we have reviewed the evidence on record and your offer as captured in Danson Muchemi Njuji’s affidavit sworn on November 2019 and we are amenable to having the charges against the three terminated and under section 87(a) of the Criminal Procedure Code,” reads the letter.According to Section 87(a) of the Criminal Procedure Code, the CEO and his associates could be charged again, and therefore have to fully co-operate with the ODPP. In 2018, he was charged alongside 19 others including former NHIF CEOs Simeon Ole Kirgotty and Geoffrey Mwangi.Earlier in the year, the Jambo Pay CEO was turned into a procecution witness in a Ksh357 million case against Nairobi Governor Mike Sonko. Sonko was accused of embezzling Ksh24.1 million through a contract for an electronic revenue collection and payment solutions.An affidavit filed in court by the Ethics and Anti-Corruption Commission (EACC) claimed that an analysis of Sonko’s bank accounts showed the governor received Ksh27.4 million from three companies trading with his government that had been awarded contracts under questionable circumstances.The Constitution of Kenya provides for the protection of witnesses since they serve as the eyes and ears of the court.Several cases have been thrown out of court due to lack of witnesses or witnesses simply becoming reluctant to give their testimonies. The Witness Protection (Amendment) Act of 2010 established an independent Witness Protection Programme.The witness and the state agree on the terms, surrender and issue of passports, taking and retention of photographs by the participant, the provision of a new identity to the participant, activities prohibited, social and domestic obligations, consequences of failure to abide to the MOU and termination of the programme for breach of the provisions of the MOU. The Milimani Law Courts in Nairobi as pictured on November 18, 2019Simon KiraguKenyans.co.ke
- Latest
- Trending
