The Director of Public Prosecutions (DPP) has moved to withdraw charges against three directors of Nairobi Hospital who were previously accused of failing to submit financial records to the Registrar of Companies. The directors—Barclay Mogere Onyambu, Magdalene Koki Muthoka, and John Nyiro Mwero—serve on the board of Kenya Hospital Association Limited, the entity that manages the hospital.
Prosecution counsel Nora Otieno informed the court that the withdrawal was requested under Section 87(a) of the Criminal Procedure Code, allowing the DPP’s office to review and re-evaluate the case. The original charges alleged that the directors violated the Companies Act by neglecting to file annual financial statements for several years. Specifically, all three were charged with missing the December 31, 2024, deadline, while Muthoka faced two additional counts for failing to file statements for 2022 and 2023.
The move to withdraw the charges was met with resistance from the defense and legal experts. Senior Counsel James Orengo argued that while the DPP may withdraw charges, doing so under Section 87(a) was inappropriate, as it left the accused with charges hanging over their heads. He urged the court to terminate the case in a manner that would prevent future prosecution based on the same facts.
Similarly, Law Society of Kenya President Charles Kanjama criticized the state for failing to provide a clear reason for dropping the charges and for not ensuring that the accused were formally brought before the court. He emphasized the legal rights of the directors, noting that they were entitled to a court appearance and formal release, suggesting the use of Section 202 of the Criminal Procedure Code to resolve the matter appropriately.
The case highlights the delicate balance between prosecutorial discretion and the rights of accused persons, underscoring the importance of transparency and proper legal procedure in high-profile cases. The court is now expected to determine how to proceed with the DPP’s request, deciding whether the charges can be dropped formally or if alternative legal measures are necessary to protect the rights of the accused.
