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The Anti-Corruption Court has allowed the Director of Public Prosecutions (DPP) to withdraw the Sh7.3 billion graft case against Deputy President Rigathi Gachagua and his co-accused.
While granting the application on Thursday, presiding magistrate Victor Wakumile warned the accused persons that they might be arrested on the same charges in the future should investigators discover evidence.
The magistrate faulted the office of the DPP for pressing charges on Gachagua and nine others without conducting conclusive investigations.
“How come DPP seemed to have acted and preferred charges based on inconclusive investigations? One cannot be prompted to infer that he acted under pressure from his junior the DCIO,” read the ruling.
The magistrate further noted that there is a need for the court to make recommendations that might improve the criminal justice system to avert such incidences in the future.
On Wednesday, the prosecution applied to terminate the case against Gachagua on grounds that the evidence did not meet the threshold required to mount a successful trial.
This came after lead DCI investigator Kuriah Obadiah filed an affidavit claiming that former DCI director George Kinoti forced them to fabricate charges against Gachagua and his co-accused.
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.
He argued that continuing with the case would be detrimental to the prosecution given that the investigating team overlooked some of the critical areas.
Gachagua had been 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 was indicted 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.
When you Vouch and Vote for your Brother thieves😁😎, you Bear the Cross. And I can't Wait for Sokwe👺, Sokora😨, Juju😛, and Rotten😝 to Bear the Cross.
This is what mama mboga na vijana wa mikoni voted for legalizing corruptions by elected leaders who're in power. Yes we're back in the 1980s so henceforth we don't want to hear your cry and struggle of life - deal with it period
Uhuru warned voters to be cautions at the ballot - and If Ruto becomes prezo will see hell within 3 months is yet to come that's Jan 2023 but already it is smelling kaburuism.....seems like a guy who wants it all
Gachagua! Listen up, you should not confuse your net-worth with your self-worth. That Sh7.1 billions won't save your life. You will die and your carcass will be planted in a 6x4 hole leaving your family to kill each other a week after your funeral over the stolen loot.
You expect Christians and their Pastors to Pray and Vote for Heaven on Earth, but they Pray and Vote for hell on Earth. Too busy Being ADULTERATED by a GachaRuto😎😁.
This act by the courts should not come as a surprise to anybody.When the Doctor, meaning Ruto unleashed a directive to withdraw the big court cases that involved movers and shakers of this society called Kenya, it was expected that his right hand man would be the grandest beneficiary of this largesse.
Mtoto akililia wembe mpe. Kenyans voted, the hyenas will keep eating to the end.
Sometimes it okay to let folks suffer ndio waamke. For some of us,let's enjoy the show.
When the people will fail to have faith in the justice system they will take matters in their own hands. They want to create chaos. When kenyans will be busy fighting one another like hounds going for the kill, they will quietly leave the continent. Exile somewhere and enjoy their loot. I say RUTO AND GACHAGUA WILL NOT FINISH THEIR TERMS! NEVER. THEY WILL HIDE IN TUNNELS LIKE IDI AMIN AND SADAAM HUSSEIN! AMEN