How Triton scandal case collapsed and fugitive Yagnesh Devani’s walk to freedom in Sh7.6billion oil scam

Controversial businessman and international fugitive Yagnesh Devani who was facing Sh7.6 billion graft case occasioned by the infamous Triton oil scandal has been freed by the court after key witnesses among them then senior civil servants and then serving top honchos in the late president Mwai Kibaki’s administration declined to testify.

According to documents filed in court, among the key witnesses who expressed reluctance to testify include then Energy Cabinet Minister Kiraitu Murungi.

The former Meru governor who also resigned as leader of the Devolution Empowerment Party (DEP) is the current chairman of the National Oil Corporation (NOC), a government parastatal after his appointment by president William Ruto in April 2023.

Kiraitu was listed as a crucial witness, according to the ruling by the court but was said to be uncooperative.

However, today, Anti-Corruption Magistrate Harrison Barasa set Devani free after it allowed the Director Renson Mulele Igonga’s led Office of the Director of Public Prosecutions (ODPP’s) application to have the matter withdrawn.

Magistrate Barasa said the DPP and the Ethics and Anti-Corruption Commission (Eacc) can’t be forced to proceed with the case especially after key witnesses became uncooperative and unwilling to testify

The DPP through Senior prosecution counsel Elphas Ombati had on October 9, 2024 made an oral application to terminate the case.

But the Magistrate, in observing that the case is of great public interest directed an affidavit be filed in court before he could make a determination on the matter.

The affidavit was filed and the DPP highlighted a number of reasons why they sought the withdrawal of the case.

Among them was the death of some of the witnesses, and Kiraitu being reluctant to testify.

The DPP further stated that efforts to trace the main complainant – Emirates boss – were futile and the only information available is that he relocated to Singapore.

The magistrate said that from the affidavit, the Eacc which was the investigative agency in the case was duly consulted in regards to the withdrawal application.

The court took into consideration submissions made by the DPP in that they do not have sufficient evidence to sustain the case.

He also cited Article 157(8) of the constitution which provides that the DPP will have regard to the public interest and interest of administration of justice and the need to prevent and avoid abuse of the legal process.

Barasa subsequently allowed their application under section 87(a) of the CPC which means Devani may still be prosecuted in the future if sufficient evidence is made available.

“At this juncture, it would be preposterous for this court to proceed. We will be forcing the agencies to proceed with a case even when they have made it clear that upon evaluation they don’t have sufficient evidence to sustain it.” The magistrate said.

In closing, the Magistrate said he found no compelling reason to withdraw the matter.

“I allow the application and proceed to discharge the accused person under section 87a of the criminal procedure code,” he said.

The court in its ruling said that there’s no reason not to allow the application adding that no witness had testified in the matter.

“I find no reason to reject the application to withdraw this case. I hereby allow applicants to proceed to discharge the accused person. It is ordered accordingly.” The court ruled

DPP Ingonga had earlier sought to withdraw the Sh7.6billion corruption charges against Devani and his firm, Triton Petroleum Company Limited.

He had presented an oral application to Magistrate Harrison Barasa, requesting the termination of the case. He had cited difficulties in tracing witnesses, noting that some have passed away.

Through prosecutor Eliphas Ombati, Ingonga applied to have the case dropped under section 87(a) of the Criminal Procedure Code (CPC).

This request comes months after the DPP recommended prosecution following Devani’s repatriation from the UK, where he had been on the run for 16 years.

“I urge this court to withdraw the case against the accused persons, as the prosecution has encountered difficulties in tracing witnesses.” The prosecutor stated.

The defence lawyers did not oppose the DPP’s.

In this case, Devani and Triton Petroleum Company Limited are accused of the fraudulent release of 126 million liters of oil, violating a collateral financing agreement with Emirates National Oil Company (Singapore) Limited. Devani faces eleven counts of fraud, including conspiracy to defraud, obtaining by false pretenses, and the fraudulent disposition of mortgaged goods.

He had been charged that on September 5, 2008, while serving as Managing Director of Triton Petroleum, Devani and others unlawfully disposed of 13,054,850 cubic meters of diesel, valued at approximately USD 10,146,888.36 and Sh 32,017,783.66, to Total Kenya Limited without the consent of Emirates National Oil Company, the mortgagee.

Devani was out on Sh5 million cash bail.