Graft charges against the late former Finance Minister David Mwiraria will be dropped, as according to the law a deceased person cannot be tried and the prosecution may be forced to amend the charge sheet to exclude his name in the case.
The former minister faces four counts of economic crimes and conspirancy to defraud the government, and had been linked to the anglo-leasing scandal.
According to lawyer Apolo Mboya,Mwiraria's death may undermine prosecutors case in the ongoing trials of suspects linked to angloleasing scandal.
"If a co-accused says that it is the missing or deceased person who did something, and that person is not there to defend himself or hrerself,then the case becomes weak,"said Apolo.
Mwiraria had initially requested the DPP to drop charges against him on grounds of being terminally ill, but his request was rejected by the DPP citing that there was no evidence to prove that his condition was worse.
Mwiraria finally pleaded not guilty to the charges on the anglo-leasing scandal and took a plea from his hospital bed and was released on a two million bond.