Director of Public Prosecutions Noordin Haji has been granted three weeks to review Ksh7.4 billion corruption charge against Deputy President Rigathi Gachagua and his co-accused persons.
Milimani Anti-Corruption magistrate Victor Wakumile on Monday October 17, 2022 allowed the DPP's request to be allowed more time to review the graft case before giving directions on whether he will drop the charges against Gachagua and his accused persons. The DPP has been granted until November 21.
Gachagua's lawyer Gibson Kimani did not oppose the request by the DPP to review the charges against him.
However, lawyer Kimani informed the Trial Magistrate that his client failed to appear in court in person saying he thought the matter would be mentioned virtually.
Interestingly, the DPP did not dispute Gachagua's absence in court saying there was confusion on whether the matter was to be mentioned virtually or in open court.
"In view of the application by the DPP to review the charges, l will not make any further orders in regards to the absence of the accused persons today," Magistrate Wakumile said.
The court adjourned the matter to November 21 for the DPP to inform the court on his decision to review the case.
Wakumile however ordered Gachagua and the other co-accused persons to appear in court in person during the hearing set to commence on November 21.
In the case, DP is charged alongside nine others who include William Wahome Mwangi, Anne Nduta Ruo, Julianne Jahenda Makaa, Samuel Murimi, Grace Wambui Kariuki, Lawrence Kimaru, Irene Wambui Ndigiriri, David Reuben and a company M/s Rapid Medical Supplies.
The charge sheet states that on diverse dates between 2013 and 2020 in Nairobi, Gachagua allegedly fraudulently received Ksh7,330,011,265 through three bank accounts domiciled at Rafiki Micro-Finance bank while knowing that the monies were proceeds of crime.
He's also accused that on December 29, 2014, in Nairobi county, jointly with others not before the court, he fraudulently acquired Ksh6 million public funds for supply of dialysis machines to Nyeri Provincial General Hospital.
The DP was charged with money laundering for allegedly receiving a total of Ksh104,821,205 from Bungoma County Government between January 2018 and June 2019, with intent to unlawfully dispose of monies.
He is also alleged to have received Ksh7,583,505 from the Kwale County Government with intent to unlawfully dispose of the money.
Gachagua is also charged with conflict of interest on grounds that between October 2018 and January 2019 being the Member of Parliament for Mathira Constituency, he privately benefited from a contract awarded for construction of Njathaini Primary School which was funded by the Mathira Constituency Development Fund. The contract, according to the charge sheet, was awarded to a company owned by one of Gacagua’s close associates.
