Court Allows Withdrawal of Charges Against Three in Nairobi Hospital Case

A Milimani court has allowed the prosecution to withdraw all charges against three accused persons under Section 87(a) of the Criminal Procedure Code, in a case linked to the alleged failure to lodge financial statements for Nairobi Hospital.

The application made by state prosecutor Norah Otieno and others told the court that the Director of Public Prosecutions (DPP) required more time to review the case file and would not proceed with the charges at this stage.

The move was strongly opposed by the defence team led by Senior Counsel James Orengo, alongside Charles Kanjama of the LSK, Nelson Havi, Peter Wanyama, Abner Onyango, Wanjira Maina and Paul Isaac.

The three Barcley Mogere Onyambu, Magdalene Koki Muthoka, and John Nyiro Mweru before the Milimani magistrate court on March 23,2026

Orengo termed the application an abuse of the criminal justice system, questioning the rationale of filing charges only to withdraw them before they are read in court.

“It is unfortunate that the prosecution would file a charge and seek to withdraw it. That alone is an abuse,this is a matter of public interest,” Orengo told the court.

Orengo also argued that withdrawing charges without providing reasons undermines transparency and leaves the accused persons in legal uncertainty.

Orengo further raised concerns that other suspects were allegedly being held outside the court without being formally presented.

On his part, Kanjama maintained that while the prosecution has the legal mandate to withdraw charges, such action must be properly justified and not invoked arbitrarily under Section 87(a).

He emphasized that arrested persons have a constitutional right to be presented before court within 24 hours and urged the court to ensure the unconditional release of the accused.

“If no adequate reason is given, we ask the court to acquit the accused persons,” Kanjama submitted, further urging the court to compel the prosecution to produce another suspect, Victor Miseda, so that his case could be addressed alongside the others.

The Law society of Kenya counsel also asked the court to order the release of all those held, including one reportedly in the parking area, and to consider an acquittal under Section 202 of the Criminal Procedure Code.

The prosecution also urged the court not to allow the matter to be politicised and go ahead and withdraw the matter.

According to the charge sheet, the three accused were officials linked to the management and oversight of Nairobi Hospital and were accused of failing to lodge the required financial statements.

Embakasi East MP Babu Owino also weighed in, criticising the prosecution’s handling of the case.

“If the state is bringing a charge then wants to withdraw the charge, then we need to change the DPP since there is no work they are doing in the office other than misuse of public resources,” he said.

He further claimed that the arrests were conducted in a dramatic manner “like a movie,” in the presence of family members and the media, and alleged that one of his clients, an MCA from Embakasi, had been arrested but had not yet been presented in court, but was later released.

Despite the objections, Principal Magistrate Paul Mutai allowed the prosecution’s application and ordered the withdrawal of the case under Section 87(a) of the Criminal Procedure Code.