Fate of Pattni case lies with DPP

Director of Public Prosecutions Keriako Tobiko has asked for forty days to decide whether the State will terminate the Sh5.8 billion Goldenberg case against businessman Kamlesh Pattni or not.

State counsel Warui Mungai told principal magistrate Grace Macharia that negotiations with Mr Pattni were disrupted by an application by a lobby group to block the talks.

However Mr Mungai said that the High Court had since rejected the application.

“The DPP has asked me to seek the court’s indulgence for 40 days to conclude the exercise. I will file his decision by January 30, 2012,” Mr Mungai submitted.

Mr Tobiko is studying recommendations presented to him by Ministry of Finance PS Joseph Kinyua and the Central Bank of Kenya pertaining to Pattni’s plea to terminate the Goldenberg case against him. (READ: State seeks more time in Pattni case)

Mr Pattni said that he had agreed with the government that he returns the Sh6 billion Laico Regency Hotel to have all criminal and civil cases against him dropped.

The businessman said he had kept his part of the bargain and was seeking to have the Sh5.8 billion graft case terminated.

Mr Pattni is jointly charged with former Treasury PS Wilfred Koinange and a former general manager KCB Elijah arap Bii in the case.

Mrs Macharia on Monday terminated the Sh5.8 billion graft case against a former CBK deputy governor Eliphaz Riungu who has since died.

Mr Riungu’s lawyer Karathe Wandugi produced the death certificate proving the demise of the former banker.

She also discharged two sureties of Sh12 million who had bailed out the deceased. The State did not oppose the release of the sureties.

Mr Mungai said the state will proceed with the trial of Dr Koinange and Mr Bii from January 27, 2012.

The two have denied charges of abuse of office and negligence which allegedly led to the scandal.