The Director of Public Prosecutions (DPP) has withdrawn corruption charges against six Nakuru County officials accused of involvement in a KSh120.4 million procurement scandal, triggering a disagreement with the Ethics and Anti-Corruption Commission (EACC).
The withdrawal was approved by Chief Magistrate Tito Gesora on Monday, October 19, 2026, despite objections from the anti-graft agency, which said it had not been formally notified of the prosecution's decision.
The six officials had faced five corruption-related charges linked to payments made by the Nakuru County Government to three companies during the 2020/2021 to 2024/2025 financial years.
According to court reports, the companies received payments totalling approximately KSh120.48 million.
Why the DPP Withdrew the Charges
The prosecution told the court that a review of the available evidence found insufficient grounds to connect the transactions to a specific tender or procurement process.
It consequently applied to withdraw the charges under Section 87(a) of the Criminal Procedure Code, a provision that allows prosecutors to discontinue criminal proceedings before judgment, subject to the applicable legal process.
The magistrate granted the application, bringing the charges against the six officials to an end.
The withdrawal does not, by itself, amount to a finding that the original allegations were false or that every person connected to the wider investigation has been cleared.
EACC Raises Objections
The EACC opposed the withdrawal, telling the court that it had not received formal notification of the intended move.
The commission asked the prosecution to submit a written application and serve it on the agency so that it could obtain instructions and respond.
The anti-graft body also argued that the case raised significant public-interest concerns and that, as the investigating agency, it should have an opportunity to address the proposed withdrawal.
The disagreement highlights tensions between the prosecution and investigators over how corruption cases should be handled when the evidence is reviewed after charges have been filed.
KSh120 Million Procurement Scandal
The wider investigation concerned allegations of conflict of interest and irregular procurement involving Nakuru County economist Lorna Karamuta Mubichi and companies associated with her husband, Kenneth Murithi Ndubi.
The companies named in reports on the case are Denken Building & Construction Limited, Murinchamba Investments Limited and Windcom Solutions Limited.
Investigators had examined contracts and payments made by the county over several financial years as part of the inquiry into alleged procurement irregularities.
The allegations remain distinct from the prosecution's stated reason for withdrawing the charges against the six officials.
Other Proceedings Remain Pending
The wider case involving other accused persons, including Mubichi, her husband and several others, remains pending.
The matter is scheduled for a hearing on March 8, 2027, according to court reporting.
The latest development puts renewed focus on the handling of public procurement investigations and the relationship between Kenya's prosecution and anti-corruption agencies.
The outcome of the remaining proceedings will determine how the outstanding allegations are dealt with in court.