Former ICT Principal Secretary Sammy Itemere has been acquitted in a Sh122 million theft case by a Nairobi court. The court, led by Milimani Chief Magistrate Lucas Onyina, granted the application by the prosecution, releasing Itemere and 12 others from the charges.
However, his co-accused, including Kakamega Deputy Governor Ayub Savula and his two wives, will proceed to trial. The magistrate emphasized that the prosecution bears the responsibility of proving the case beyond reasonable doubt, and the Office of the Director of Public Prosecutions (ODPP) is authorized to terminate or withdraw a case following the required procedure.
“As there is no objection from the defense, the court, being an impartial arbiter, cannot refuse to grant the prayers, as the mandate to prosecute has been satisfied with the evidence presented to withdraw the charges,” stated Chief Magistrate Onyina.
The court directed the discharge of Itemere and the other 12 accused persons from their respective counts, with any deposited securities to be released accordingly. For the remaining accused individuals, the state expressed its intention to bring forth additional charges.
The withdrawal application was initiated by the ODPP last week, citing insufficient evidence to sustain the charges against the 13. The accused parties faced charges related to abuse of office, theft, conspiracy to steal, and conspiracy to commit a felony.
The alleged fraudulent activity involved obtaining Sh122,335,500 by falsely claiming the ability to provide advertising services in widely circulated magazines in Kenya. The offenses were said to have occurred between July 1, 2015, and August 30, 2018, at the State Department for Broadcasting in Nairobi.
