NAIROBI, Kenya Mar 23 – The Director of Public Prosecutions (DPP) has filed an application to withdraw charges against three directors of Nairobi Hospital, who were accused of failing to submit financial statements to the Registrar of Companies.Through prosecution counsel Nora Otieno, the DPP informed the court that the withdrawal is being sought under Section 87(a) of the Criminal Procedure Code, pending further review of the case.“We have requested a further review of the charges,” the prosecution told the court, explaining that the application is intended to allow the DPP to re-evaluate the matter.The charges were brought against Barclay Mogere Onyambu, Magdalene Koki Muthoka, and John Nyiro Mwero, who were directors of Kenya Hospital Association Limited, the entity that runs Nairobi Hospital.The trio faced allegations of failing to lodge the company’s financial statements for multiple years, in violation of the Companies Act.All three were charged with failing to submit the 2024 financial statements by December 31, 2024 and Muthoka faced additional counts for allegedly not filing the 2023 and 2022Senior Counsel James Orengo criticized the prosecution’s handling of the case, noting that lawyers had been present in court since morning without prior notice of the withdrawal.He argued that while the DPP can withdraw charges, it should not be done under Section 87(a), and that the case should be terminated in a manner that prevents future prosecution on the same facts.Law Society of Kenya (LSK) President Charles Kajama also opposed the move, emphasizing the accused’s right to be formally produced before the court.He argued that suspects waiting outside in the parking lot must have the opportunity to appear in court, and criticized the prosecution for withdrawing charges without sufficient explanation. Kajama urged that the suspects be released under Section 202 of the Criminal Procedure Code.The court is expected to give directions on the DPP’s application in the coming days.