DPP wants to withdraw charges against three directors of Nairobi Hospital

Through prosecution counsel Nora Otieno, the office of the DPP told the court it was seeking to withdraw all the charges against the intended accused persons under Section 87(a) of the Criminal Procedure Code, pending further review of the case.

“We have made a request to review the charges further,” the prosecution submitted, adding that the application was aimed at allowing the DPP to re-evaluate the matter.

The charges had been brought against Barclay Mogere Onyambu, Magdalene Koki Muthoka and John Nyiro Mwero, who were serving as directors of Kenya Hospital Association Limited, which runs Nairobi Hospital.

They were accused of failing to lodge the company’s financial statements for various years, contrary to the Companies Act. 

In the first count, all three were charged with failing to submit financial statements for the year 2024 by December 31, 2024. Muthoka faced two additional counts for allegedly failing to lodge financial statements for the years 2023 and 2022.

However, the application to withdraw the charges was strongly opposed by defence lawyers.

Senior Counsel James Orengo faulted the prosecution for the manner in which the case was handled, telling the court that lawyers had been present since morning and should have been informed earlier that the matter would not proceed.

“Yes, you can withdraw, but not under Section 87(a). The accused should not have charges hanging over their heads,” Orengo argued, urging the court to instead terminate the case in a manner that would bar future prosecution on the same facts.

Law Society of Kenya president Charles Kajama, also opposed the move, saying the suspects had a right to be formally presented before the court.

“The accused persons have a right to be brought to court. The suspects outside in the parking lot have a right to be produced in court,” he said.

Kajama further criticised the prosecution for withdrawing the charges without offering a sufficient explanation, and urged the court to release the suspects under Section 202 of the Criminal Procedure Code.

The court is expected to give directions on the prosecution’s application.