Director of Public Prosecution now wants to withdraw the case against Kakamega Deputy Governor Ayub Savula and his wives in a Sh122 million Government Advertising Agency case.

DPP through prosecution counsel on Thursday told the court that a previous decision by the High Court upheld the validity of the contract between Savula and the government, rendering the current case before the Magistrate’s court untenable.

The ruling on whether to grant the application to withdraw the case will be delivered on July 1st of this year by Milimani Chief Magistrate Lucas Onyina.

In February, former ICT Principal Secretary Sammy Itemere was acquitted of the theft case, while his co-accused, including Kakamega Deputy Governor Ayub Savula and his two wives, proceeded to trial.

Those absolved of charges alongside Itemere were Edith Nkanata, Amos Matanga, Gladys Bwora, Gladys Mwanyika, Jesca Ateka, Rachael Wanjiru, Nellie Kibocha, Sammy Makau, Martin Njoroge, Hannah Wangari, Edmundi Munene, and Victor Owino.

Magistrate Onyina had granted the application, emphasizing that the prosecution bears the onus of proving the case beyond reasonable doubt.

He clarified that the ODPP has the authority to terminate or withdraw a case, provided proper procedures are followed. Since there was no objection from the defense, the court, being impartial, approved the withdrawal of charges, noting the prosecution’s satisfaction with the evidence presented.

The Magistrate ordered the discharge of the 13 accused individuals from their respective counts and instructed that any securities deposited by them be released to the rightful depositors.