Ex-KNTC boss Mutua now sole accused in edible oil scandal

The corruption case over the controversial edible oil and rice imports has taken a new turn after the court allowed prosecutors to withdraw charges against a former senior manager of the Kenya National Trading Corporation (KNTC), leaving former Managing Director Pamela Nduku Mutua as the only accused person.

The Milimani Anti-Corruption Court on Monday cleared former KNTC Supply Chain and Logistics Manager Amos Juma Sikuku of a single charge of abuse of office after the Director of Public Prosecutions (DPP) said evidence against him was no longer strong enough to sustain the case.

The decision followed an application by Prosecution Counsel Delroy Mwasaru, who explained that Mr Sikuku was charged merely for issuing a professional opinion based on a procurement committee’s evaluation report.

He argued that responsibility for ensuring compliance with procurement laws rested with the KNTC accounting officer, and there was no proof that the accused acted in bad faith or gained any benefit.

“Consequently, there is insufficient evidence to show that the second accused acted in bad faith, was improperly influenced, or derived any benefit from issuing a biased professional opinion to the detriment of KNTC,” Mwasaru told the court.

Principal Magistrate Charles Ondieki agreed with the DPP, saying the withdrawal aligned with the principles of public interest, justice, and the need to prevent abuse of the court process.

“If the criminal proceedings were instituted in public interest at a time when investigations revealed evidence sufficient to sustain the charges, it is equally in the same public interest to discontinue the proceedings whenever further inquiries or new evidence show they cannot be sustained,” the magistrate ruled.

With the withdrawal, former MD Pamela Mutua is now the sole suspect facing trial in the case.

She has been charged with five counts of failing to follow procurement laws, including allegations that she awarded a contract to Purma Holdings Limited without notifying the Public Procurement Regulatory Authority and commenced bulk purchases without approval.

The alleged offences were committed between November and December 2022.

The DPP also sought to amend the charge sheet against her, admitting that the original document contained errors, among them a reference to a non-existent law — the Anti-Corruption and Economic Crimes Act, 2006.

Mwasaru said failing to correct such mistakes would prejudice justice and amount to abuse of process.

Although she did not oppose the withdrawal of charges against her co-accused, Mutua said the amendment to the charge sheet was equivalent to substituting a defective case with another.

She indicated that she would challenge it at the proper stage.

Magistrate Ondieki stressed that the DPP’s decisions are guided by Article 157(11) of the Constitution and should not be interfered with simply because they differ from investigators’ views.

“The mere fact that the DPP’s decision differs from investigators’ views is not a reason to interfere with the DPP’s constitutional and statutory mandate, as long as the decision meets the test in Article 157(11) of the Constitution,” he said.

So far, six out of the 33 prosecution witnesses have testified, with 27 still lined up to give evidence. The case stems from a 2024 probe into KNTC’s handling of rice and edible oil imports.