The Director of Public Prosecutions has made an application before a Nairobi Court seeking to withdraw a fraud case against Kakamega Deputy Governor Ayub Savula and his wives in a Sh122 million Government Advertising Agency case.
According to the public prosecutor, the DPP reviewed the file and upon review, he applied to have the criminal case withdrawn under section 87 A of the CPC.
The prosecution informed court that DPP arrived at the withdrawal conclusion after noting that a number of accused persons in case were discharged by the court and ODPP required to amend or substitute the charges.
It was also the ODPP’s submission that DCI failed to avail a suitable witness to substitute the evidence of late prosecution witness five, Jeniffer Wambua Itumbi who was murdered shortly after giving her examination in chief and she met her untimely death before she could be crosseaxamed by the defence.
The DCI communicated to the National land commission where the late Jeniffer was working at the time, only to be informed that nobody in the ministry could stand in for the late Jeniffer to corroborate her evidence due to the fact that the late Jeniffer handled the matter solely.
In the case, Kakamega Deputy Governor Ayub Savula was charged alongside former Ministry of Information PS Sammy Itemere and 28 others for allegedly stealing Sh122.3 million from the Government Advertising Agency (GAA).
