The Director of Public Prosecutions Renson Ingonga wants to withdraw charges against businessman Jayesh Kumar Prabhudas Kotecha.
The DPP in his application before the magistrate's court claimed that the decision to drop the case followed a revelation that the probe is incomplete.
According to the prosecution, two separate civil cases were linked to the criminal case and ultimately would determine whether the trial before Milimani Magistrate Caroline Nyaguthii would proceed.
Before the lower court, Kumar and Midland Hauliers are accused of conspiracy to defraud.