NAIROBI, Kenya — The Director of Public Prosecutions (DPP) has applied to withdraw criminal charges against three directors of Nairobi Hospital who had been accused of failing to lodge financial statements with the Registrar of Companies.
Through prosecution counsel Nora Otieno, the DPP’s office told the court it was seeking to withdraw the charges under Section 87(a) of the Criminal Procedure Code to allow further review of the matter.
“We have made a request to review the charges further,” the prosecution submitted, adding that the application was intended to enable the DPP to re-evaluate the case.
The charges had been brought against Barclay Mogere Onyambu, Magdalene Koki Muthoka and John Nyiro Mwero, who were serving as directors of Kenya Hospital Association Limited, the entity that runs Nairobi Hospital.
They were accused of failing to lodge the company’s financial statements for various years, contrary to the Companies Act.
In the first count, all three were charged with failing to submit financial statements for the year 2024 by December 31, 2024. Muthoka faced two additional counts for allegedly failing to lodge financial statements for 2023 and 2022.
However, defence lawyers strongly opposed the prosecution’s application, faulting both the timing and legal basis of the withdrawal.
Senior Counsel James Orengo told the court that the defence team had been present since morning and should have been informed earlier that the matter would not proceed. He argued that withdrawal under Section 87(a) would leave the accused exposed to future prosecution.
“Yes, you can withdraw, but not under Section 87(a). The accused should not have charges hanging over their heads,” Orengo submitted, urging the court to terminate the case in a manner that would bar fresh charges on the same facts.
Law Society of Kenya President Charles Kajama also opposed the move, arguing that the suspects had a right to be formally presented before the court.
“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,” Kajama said.
He further criticised the prosecution for withdrawing the charges without providing a sufficient explanation and urged the court to release the suspects under Section 202 of the Criminal Procedure Code.
The court is expected to issue directions on the prosecution’s application, which could determine whether the matter is withdrawn temporarily pending review or terminated altogether.
