The Director of Public Prosecutions (DPP) moved to drop charges against three Nairobi Hospital directors previously accused of failing to file financial records with the Registrar of Companies.
Prosecution counsel Nora Otieno informed the court that the DPP’s office wants to pull all charges against the accused under Section 87(a) of the Criminal Procedure Code while they take another look at 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 case targeted Barclay Mogere Onyambu, Magdalene Koki Muthoka, and John Nyiro Mwero. The trio served as directors for the Kenya Hospital Association Limited, the entity that manages Nairobi Hospital.
Authorities originally claimed the directors violated the Companies Act by neglecting to submit the organization’s annual financial statements over several years.
In the first count, the prosecution charged all three individuals with missing the December 31, 2024, deadline to submit their 2024 financial statements. Muthoka faced two extra counts for allegedly failing to file records for 2022 and 2023.
Defense lawyers, however, pushed back hard against the request to withdraw the charges.
Senior Counsel James Orengo criticized the prosecution’s handling of the case. He pointed out to the court that the legal teams had waited since morning and deserved earlier notice if the state did not intend to 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 Kanjama also challenged the move, asserting that the suspects held a legal right to a formal court appearance.
“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.
Kanjama further took the prosecution to task for dropping the charges without providing a clear reason. He pressed the court to release the suspects under Section 202 of the Criminal Procedure Code instead.
The court will now decide how to proceed with the prosecution’s request.
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