DPP drops Sh342m graft case against Anangwe and Co.

By Newsflash Writer

Director of Public Prosecutions (DPP) Renson Ingonga has formally withdrawn a Sh342 million graft case against former University of Nairobi Council chairperson Prof Amukowa Anangwe and three top officials, bringing to light claims that the charges were politically driven and meant to oust them from office.

Last Thursday, during what was expected to be the hearing of the case at the Milimani Anti-Corruption Court, the DPP shocked the court by announcing that the charges would no longer be pursued.

Appearing before Principal Magistrate Celestine Mutuku, the state prosecutor presented a withdrawal notice under Section 87(a) of the Criminal Procedure Code (CPC).

“We wish to have the case against Anangwe and his co-accused withdrawn,” the prosecutor told the court.

Prof Anangwe had been jointly charged with Council members Conan Oyaro, Abdullahi Ahmed, and Chief Operations Officer Brian Omuga.

Following the DPP’s request, the magistrate accepted the application and ordered the refund of the accused persons’ cash bail.

This dramatic turn comes just two months after the four were arraigned in a high-profile and contentious case that drew criticism over alleged abuse of power by the DPP and the Ethics and Anti-Corruption Commission (EACC), claims of political retribution, and disregard for existing court rulings.

Controversial appointments at the heart of case

The prosecution had accused Anangwe and his co-accused of illegally reconstituting the UoN Council on April 18, 2024, at the Council Chambers in Nairobi, and allegedly misusing their authority to reinstate Omuga improperly.

The DPP claimed that the Council’s resolution—which saw Omuga reappointed as Acting Chief Operations Officer—was made in violation of a judgment delivered on April 8, 2024, in case ELRC JR E004 of 2023, which reportedly barred such actions.

Omuga was also separately charged with unlawfully receiving Sh342.6 million between 2018 and May 2023 while holding various positions, including Deputy Director (Fundraising, Innovation, Advancement, and Alumni), and COO—roles he allegedly wasn’t qualified for.

Omuga denied the allegations, asserting that the charges were false and part of a smear campaign. He defended the payments, saying they were part of a structured reform initiative under then-Vice Chancellor Prof Stephen Kiama aimed at boosting funding.

The DPP accused Prof Kiama of working with the council to violate the law and reappoint Omuga. However, Anangwe and his legal team presented documents and court rulings showing they had legally been reinstated to office by the Employment and Labour Relations Court (ELRC) on April 18, 2024.

Accused claim political witch-hunt

They argued that the DPP’s prosecution was politically motivated and an abuse of office, citing the May 2024 charges as unlawful and malicious.

Omuga’s lawyer Abdrazak told the court during a May hearing: “This prosecution is purely political, legally flawed, and meant to harass us.” He warned against the use of State machinery to settle political scores under the guise of fighting corruption.

Prof Anangwe, echoing this sentiment, called the allegations “false, malicious, and politically instigated,” adding that they were orchestrated to tarnish reputations.

The legal team also tabled a consent judgment from the ELRC that reinstated the Council members, arguing that the prosecution ignored this court ruling and pressed on with charges anyway.

Education Cabinet Secretary Ezekiel Machogu had earlier removed the four officials from office in May. The decision was challenged in court by the accused, who filed constitutional petitions contesting their dismissal.

The DPP’s decision to drop the charges now raises fresh questions about the motive behind the prosecution, and whether the entire process was a misuse of State power to forcefully remove Anangwe and his colleagues.