Was justice served, or a political game exposed? 

Director of Public Prosecutions Renson Ingonga has withdrawn a Sh32.4 million corruption case against former University of Nairobi Council chairperson Amukowa Anangwe and three senior officials, validating their long-held claim that the charges were a state-sponsored attempt to remove them from office.  

On Thursday last week, during what was expected to be a hearing of the case at Milimani Anti-Corruption Court, DPP stunned the court by stating that his office would no longer pursue the charges against Prof Anangwe and his co-accused persons.

The state prosecutor, appearing before Principal Magistrate Celesa Okore, requested the court to terminate the matter under Section 87(a) of the Criminal Procedure Code (CPC).

“We seek to have the case against Anangwe and his co-accused persons withdrawn,” the prosecutor submitted without giving reasons.

Prof Anangwe’s lawyer, Abdrazak Mohame, requested the court to facilitate the release of his client’s passport and refund the Sh1 million cash bail deposited earlier. “With the withdrawal of charges, we urge the court to release his passport and direct that the cash bail be refunded without delay,” Abdrazak submitted.

Consequently, the magistrate allowed the request by the DPP’s request to drop the case and ordered a refund of the accused person’s cash bail.

The new twist in the matter comes barely two months after the four were sensationally and dramatically charged in court in May, bringing to an unexpected end a controversial case marked by allegations of abuse of office by the DPP and EACC, political witch-hunt, and disregard for court orders.

Anangwe and his co-accused UoN Council members Caren Omwenga, Abdullahi Ahmed, and Chief Operations Officer Daniel Brian Ouma were arrested and arraigned on May 17, 2025, afternoon on two charges of abuse of office and unlawful acquisition of public property.

The charges centred around allegations that on April 19, 2024, at the UoN Council Chamber in Nairobi, the accused unlawfully exercised their authority to improperly benefit Mr Ouma. 

The alleged benefit was through a council resolution that reappointed Ouma as Acting Chief Operations Officer (COO) and nullified a letter issued by then-Vice Chancellor Prof. Stephen Kiama rescinding the same appointment.

The DPP further claimed this resolution violated a judgment delivered on April 8, 2024, in ELRC JR 46 of 2023, which reportedly barred such action.

In the second count, Ouma faced a separate charge of unlawfully earning Sh32,459,406.15 between March 2015 and May 2025 for holding various positions, including Deputy Director (Fundraising), Director of Advancement, and Acting COO, positions which the prosecution argued he was not qualified to occupy.

From day one, Prof. Anangwe maintained his innocence, arguing the charges were not only fabricated but also politically driven and were part of a calculated effort by the current government to remove him from office due to his independent stance and leadership style.

“This prosecution is purely political and legally defective,” said his lawyer, Abdrazak, during a fiery court session in May.

“It was never about corruption; it was about removing my client from the university council through state machinery.”

Anangwe’s legal team had described the charges as “malicious, constitutionally defective, and in direct contempt of a superior court’s binding orders.

They claimed a valid conservatory order issued in Petition No. E192 of 2024 by the Employment and Labour Relations Court (ELRC) expressly barred the University Council from interfering with Ouma’s employment status.

“This conservatory order is still running even after the so-called injunction,” defence lawyers had told the court while objecting to them pleading to the graft charges.

“We believe this entire process is politically motivated and not grounded in justice. This court is being used to enforce an EACC advisory,  an advisory that has already been stayed by a High Court judge. Proceeding to plea would be a direct contravention of that court order.”

The defense emphasized that the University of Nairobi Council is a corporate body that acts collectively, not individually, and that it is therefore legally erroneous to prosecute individual members for resolutions passed by the Council as a whole.

“It is trite law that an individual cannot pass a resolution. A resolution is passed by a body corporate. There is no such office as member of the council under the University Act,” said lawyer Abdrazak

“This case has no legal foundation. It’s an academic process being paraded as corruption enforcement. It’s harassment, not justice,” the defense stated.  

Defence counsel emphasised that Mr Ouma was already serving in his capacity before Prof Anangwe became council chair, calling into question the basis of the allegations.

Anangwe’s lawyer, Abdrazak, criticised the EACC, alleging bad faith and abuse of process in the manner of his client’s arrest and prosecution.

Prof Anangwe’s dramatic arrest in Kisumu at 4 am, EACC detectives while running errands, and his forced airlift to Nairobi for prosecution on the same date further fueled claims of political targeting.

His lawyer said the arrest was an ambush and that Anangwe had not been given a fair chance to respond to the accusations or review the documentation in advance.

“The EACC told us they would call my client when necessary. Instead, they ambushed him early morning, transported him like a fugitive, and rushed him to this court. That’s not justice. That’s harassment,” the lawyer said.

Anangwe had 12 months remaining in his three-year term as Council Chairman, set to end in May 2026, before he was kicked out after being dragged to court, charged, and barred from accessing his office pending the determination of the graft case.

Before his prosecution in May, the government, through Cabinet Secretary for Education, Migos Ogamba, had in February this year revoked Anangwe’s appointment.

He rushed to court, and Justice Bahati Mwamuye ruled in favour of Anangwe, suspending a gazette notice issued by the CS that had announced the revocation of Anangwe’s appointment.