Nairobi court has determined that businessman Yagnesh Devani, the former Finance Manager of Triton Petroleum Company Limited, and Mahindra Pathak must face trial in connection with the 2008 Kipevu jet fuel scam, which involved the theft of fuel worth Sh 1.5 billion.
The case centers around the theft of 318.656 metric tonnes of jet fuel from Kenya Commercial Bank (KCB) in 2008.
The court, presided over by Milimani Principal Magistrate Robinson Ondieke, found that the prosecution had presented substantial evidence linking Devani, his company Triton Petroleum, and Mahindra Pathak to the crime. As a result, the accused were found to have a case to answer and were required to present their defense.
The theft occurred at the Kipevu oil refinery in Mombasa, where evidence presented by over 24 witnesses reportedly established a strong connection between the accused and the theft of fuel valued at over Sh 1.4 billion.
Magistrate Ondieke emphasized that the prosecution had proven the charges beyond a reasonable doubt.
In the ruling, the court also ordered that Devani, who had been tried in absentia, must appear in person on January 20, 2025, to provide his defense.
Devani had been evading trial since 2008, fleeing the country amid the larger Triton Petroleum scandal, which involved the misappropriation of billions. His lawyers opposed the decision, arguing it was unfair to compel him to present a defense after being tried in his absence for 16 years.
Despite this, the court maintained that since Devani and his company were never removed from the charge sheet, they must now answer to the charges.
This decision comes just months after the court rejected a bid by the Director of Public Prosecutions (DPP) to have the case withdrawn.
In August 2024, the DPP sought to terminate the proceedings, citing the fact that Devani had not pleaded to the charges and that many witnesses had testified in his absence. The court, however, dismissed this request, emphasizing the importance of continuing with the case.
Devani is accused of stealing jet fuel he had purchased using funds provided to him and Triton by KCB. The loan was meant to facilitate the purchase of petroleum products, but instead, Devani is accused of misappropriating the fuel.
Additional charges involve the irregular disposal of fuel and oil mortgaged to KCB, including 451,572 metric tonnes of various petroleum products, valued at nearly KSh 1.5 billion.
Devani fled the country in December 2008 amid the scandal, but after more than a decade on the run, he was charged in January 2024. He was released on a cash bail of Sh 1 million.
