Prime Minister Raila Odinga's sister Beryl Lilian Okumu Odinga finally complied with court orders and presented herself yesterday before court for withdrawal of a Sh1.5 million fraud case against her. Beryl, who is the chairperson of Board of Trustees of Kenya Railways Staff retirement benefits scheme had earlier failed to appear in court twice to answer to the charges of abuse of office by unlawfully acquiring Sh1.5 million from funds of the scheme. Last Tuesday, senior principal magistrate Lucy Nyambura ordered her to appear personally in court before charges against her could be withdrawn. The magistrate rejected to withdraw the case in her absence.

However, Berly, dressed in a black suit, and in a dark sun class, arrived at the Milimani Law Courts at 8.40am accompanied by her lawyer Mugambi Imanyara. Her co-accused, Mathews Kipchumba Tuikong, Ephantus Muriithi Githui and Caroline Nkirote Nyororo were also present in court. The magistrate said since Odinga had complied with court summons to appear in person, she would allow the prosecution's application for withdrawal of the case. She asked State Counsel Daniel Karura to make a fresh application.

Karura, in his application, told the court he has instruction from Director of Public Prosecutions Keriako Tobiko to withdraw the charges against Odinga and her co-accused persons conditionally under section 87 (A) of the Criminal Procedure Code. The defense counsels informed the court that they have no objection for withdrawal of the case but stated that they were worried with the section under which the prosecution is withdrawing the case.

The magistrate allowed prosecution application and discharged all the accused persons under the same section. She also directed that Sh400,000 cash bail deposited by each of the first three accused be returned back to them. Odinga had earlier written to DPP informing him that she had been cleared by auditors of the scheme.The DPP had also written to the Ethics and Anti-Corruption Commission questioning why Odinga was being charged when she had already returned the alleged Sh1.5 million.

The charges states that on various dates between March 6, 2009 and January 18,2011, at Kenya Railways staff retirement benefits scheme offices, Nairobi being the chairperson of the Board of Trustees of KR staff retirement benefits scheme, she unlawfully acquired public property amounting to Sh1,512,653 drawn from funds of the scheme.