DPP Applies to Withdraw Deputy President Gachagua's Sh7.3 Billion Graft Case

The Director of Public Prosecutions (DPP) Noordin Haji has filed an application to withdraw a Sh7.3 billion graft case against Deputy President Rigathi Gachagua.

In the application filed before the anti-corruption court on Wednesday, the prosecution said the evidence against Gachagua does not meet the threshold required to mount a successful trial and it will be prejudicial for the case to go on as it is.

The move comes a week after lead DCI investigator Kuriah Obadiah filed an affidavit claiming that former DCI director George Kinoti forced them to fabricate charges against Gachagua.

Kuria said they were given instructions and fixed timelines to speed up investigations against Gachagua, who was then the MP for Mathira Constituency, despite a lack of satisfactory evidence.

Before the conclusion of investigations, Kuriah alleged, Kinoti directed him and his team to make recommendations that would lead to the arrest and charging of Gachagua.

“Due to pressure from our boss, we were not able to cover crucial areas of the investigations that would have shed some light on the case,” reads the affidavit in part.

He argued that continuing with the case would be detrimental to the prosecution given that the investigating team overlooked some of the critical areas.

In this case, Gachagua is charged with conspiracy to commit an offense of corruption, fraudulent acquisition of public property, money laundering, acquisition of proceeds of crime, and conflict of interest.

He is charged alongside 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 read that on diverse dates between 2013 and 2020, Gachagua fraudulently received Sh7,330,011,265 through three bank accounts at Rafiki Micro-Finance bank while knowing that the monies were proceeds of crime.

He was charged that on December 29th, 2014 in Nairobi he fraudulently acquired Sh6 million public funds for the supply of dialysis machines to Nyeri Provincial General Hospital.

Gachagua was also charged with money laundering for receiving Sh104,821,205 from Bungoma County Government between January 2018 and June 2019, with intent to unlawfully dispose of the money. He is also alleged to have received Sh7,583,505 from Kwale County Government with intent to unlawfully dispose of the money.