Graft charges against former Finance minister David Mwiraria who died on Wednesday will be dropped.
According to the law, a deceased person cannot be tried and the prosecution may be forced to amend the charge sheet to exclude his name, in the case where he had been charged alongside others.
Legal experts however say that the unfortunate incident may adversely affect the prosecution’s case in the ongoing trial of suspects linked to the controversial Sh10 billion Anglo Leasing scandal.
Lawyer Apollo Mboya says that in cases where suspects were charged and the prosecution had alleged that they had conspired, if one of them is missing, the case becomes very complicated.
“If a co-accused says that it is the missing or deceased person who did something, and that person is not there to defend himself or herself, then that case becomes very weak,” lawyer Mboya.
Mr Mwiraria , made several attempts to have the charges against him dropped, but without success.
The former minister had through lawyer Kioko Kilukumi requested the Director of Public Prosecution (DPP) to drop the charges against him on grounds that he is terminally ill and cannot face trial.
The DPP’s counsel rejected the request arguing that no evidence had been given to prove his health condition had worsened.
After all attempts had failed, Mr Mwiraria finally pleaded not guilty to the charges related to the Anglo Leasing scandal.
Mr Mwiraria took plea from his hospital bed l in December 2015 and was released on Sh2 million bond.
Mr Mwiraria fell sick and was hospitalised on March 18, 2015, the same date that his co-accused were taking their pleas in a Nairobi court.
The former minister faced four counts of economic crimes and conspiracy to defraud the government.
He resigned from his position as Finance minister in 2006 after being implicated in the famous ‘Githongo Report’ by the then President Mwai Kibaki’s advisor, John Githongo.
Mr Mwiraria, two former permanent secretaries and businessmen Deepak Kamani and Rashmi Kamani were charged with conspiracy to defraud the government.
All the accused denied the alleged fraud concerning the multi-billion shilling contract which the government later cancelled without notice.
The businessmen are accused of fraudulent acquisition of public property in connection with alleged payments made to a foreign firm.
The hearing of the case against the other accused resumes on June 5.