Tanui–Thuo Appeal Stalls at Court of Appeal

An appeal filed by former Kenya Pipeline Company (KPC) director Charles Tanui and Judy Wamaitha Thuo, widow of former Juja MP George Thuo, failed to proceed after the Court of Appeal determined that several affected parties had not been served with a hearing notice.

A three-judge bench composed of Justices Philip Waki, Roslyn Nambuye, and Kathurima M’inoti directed that the matter be returned to the High Court so that parties claiming they were not heard can be given an opportunity to respond within 45 days.

Tanui is challenging the decision that ordered him to stand trial, arguing that he was never accorded a fair hearing before being sent to a full trial.

Tanui, Judy Thuo and KPC Officials Face Sh28M Phantom Tender Charges

Tanui, Judy Thuo and her company Redline Limited, together with four senior former KPC officials, are charged over a fraudulent payment of Sh28.5 million arising from a non-existent tender for the installation of transformers at Kenya Pipeline.

Judy has been accused of receiving the payment allegedly made to Redline Limited. She denied illegally acquiring public funds.

Others charged include:

• Chief Engineer Josphat Kipkoech Sirma

• Chief Technical Manager Elias Karumi

• Two additional KPC officials (not named in this excerpt)

They face multiple charges involving abuse of office, submission of false documents, and irregular procurement payments. Each was released on Sh350,000 cash bail.

Investigators say the transformers purportedly supplied were linked to Agecelee Industry of France, yet procurement records showed irregularities and falsified documentation.

DPP Opposes Appeal: ‘Trial Court Best-Placed to Evaluate Evidence’

Representing the Director of Public Prosecutions, Joseph Riungu opposed the appeal, arguing that the trial court—not the appellate court—is the proper forum to evaluate evidence, witness credibility and any defence raised.

Riungu said the applicants are seeking to overturn the High Court decision that denied them reprieve and refused to compel the DPP to disclose an internal EACC investigative report prepared under Section 35 of the Anti-Corruption and Economic Crimes Act.

High Court Had Already Reversed Orders for Disclosure

Justice Hedwig Ong’udi had earlier reversed a directive by Milimani Anti-Corruption Court magistrate Felix Kombo requiring former DPP Keriako Tobiko to furnish the defence with the EACC probe report.

Justice Ong’udi ruled that:

• The defence had already received all witness statements and documentary exhibits;

• The prosecution would not be relying on the EACC report during the trial;

• The DPP is not bound by EACC recommendations and makes independent charging decisions;

• Failure to provide the report did not violate Article 35 of the Constitution.

She found that the magistrate’s earlier order was improper, clearing the prosecution to proceed without the internal investigative report.

Next Steps

Before Magistrate Kombo, lawyer Kennedy Ogeto indicated that the defence intends to challenge Ong’udi’s decision at the Court of Appeal, arguing the EACC report is crucial to ensuring a fair hearing.

With the Court of Appeal sending the matter back to the High Court for proper hearing of unserved parties, the fraud case involving Tanui, Judy Thuo, and former KPC officials faces further delay before resumption.