The Director of Public Prosecutions (DPP) Noordin Haji has this morning sought to withdraw the Ksh7.3 billion graft charges against Deputy President Rigathi Gachagua and nine other persons.
The DPP told the court on Wednesday, November 9, that there was no full disclosure of evidence in the case by the Directorate of Criminal Investigations (DCI) hence their decision.
The court will tomorrow (Thursday, November 10, 2022) rule on whether it will grant the DPP's request.
In his application, the DPP sought to withdraw the charges against Gachagua under section 87A of the criminal procedure saying investigations into the matter were not complete.
"The DPP independently reviewed the matter and concluded that the evidence does not meet the evidential threshold required to amount a successful prosecution of this case," the DPP through State Counsels led by Vera Hamisi, said.
Investigating officer Obadiah Kuria told presiding magistrate Victor Wakumile that there are some areas in the case that were not adequately covered because he was not given sufficient time to complete the investigations.
He admitted that he was under pressure from former DCI boss George Kinoti to charge the accused persons.
The court heard that the areas which were not covered during investigations would shed light in determining the culpability of the accused persons in the case.
The investigating officer said it would be prejudicial for the prosecution to proceed with the case since the crucial areas were not covered in the probe.
In the case, Gachagua and Nyeri Senator Wahome Mwangi are charged alongside Anne Nduta Ruo, Julianne Jahenda Makaa, Samuel Murimi, Grace Wambui Kariuki, Lawrence Kimaru, Irene Wambui Ndigiriri, David Reuben and 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 the monies were proceeds of crime.
The DP is also accused that on December 29, 2014, in Nairobi county, jointly with others not before the court, fraudulently acquired Ksh6 million public funds for supply of Dialysis machines to Nyeri Provincial General Hospital.
Gachagua's close associates
Gachagua 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 MP 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 (CDF).
The contract, according to the charge sheet, was awarded to a company owned by one of Gachagua’s close associates.
