DPP might drop fraud case against Kethi if poll agency gives permission.
The fraud case against lawyer Kethi Kilonzo may be withdrawn by the Director of Public Prosecutions if the IEBC gives a green light.
The court was yesterday told that the DPP has written to the electoral agency for instructions on whether to proceed with the case or not.
State Counsel Mungai Warui told Chief Magistrate Francis Andayi that they wrote to IEBC and still awaiting for a response from them.
i and Godfrey Ninto were charged in September 2013 with uttering a false documents to a returning officer, forgery and stealing an IEBC acknowledgment slip.
The two have denied stealing an IEBC acknowledgment slip, serial number 0002058624.
Kethi allegedly used the slip to claim that she had been lawfully registered as a voter at Ngong Forest Primary School in Nairobi.
The lawyer was also charged with another count of handling stolen property and uttering false documents and it was also alleged that she uttered a forged document to the Salad Boru the Makueni IEBC Returning officer.
This was during the nomination by the by-election to replace her later father Senator Mutula Kilonzo who had passed on while in office.
The case has never taken off since she was charged close to five years ago and the case keeps being adjourned.
Last year, Kethi had written to the DPP seeking clarification of the on whether the cae would proceed to hearing or not.
Former IEBC chairman Issack Hassan, in a confidential letter, had recommended that the case is dropped.
He wrote to the DPP on August 23, 2016, seeking to withdraw the complaints against Kethi and Ninito.
Issack, in the letter, said his action was not to be construed to suggest that no crime had been committed.
He said that the commission wanted to utilize the services of its former manager - in charge of electoral planning and logistics - during the August 8 elections.
"Our request, however, should not be construed to mean that the complaint was unfounded or had no merits or that Kethi was a lawfully registered voter." Hassan said,
The case will be mentioned on March 26 for further directions.