Gachagua asks DPP to withdraw all ‘wrongly instituted cases’ against Ruto allies

Written by on 14 November 2022

Deputy President Rigathi Gachagua now wants the Directorate of Public Prosecutions to withdraw all wrongly instituted cases days after his Ksh7.3 billion graft case was dropped.

Speaking during a church service at Kabarnet ASK Showground in Baringo on Sunday, November 13, Gachagua claimed most of the cases against allies of President William Ruto were politically instigated and should be withdrawn.

While lauding the DPP’s move to drop graft charges against him, the country’s second in command said some of the police officers who investigated the cases had admitted to having been coerced to recommend charges against the accused persons.

Some politicians in Kenya Kwanza Alliance, Gachagua alleged, were targeted for supporting Ruto’s State House bid in the period leading up to the August 9 general election, following his fallout with then President Uhuru Kenyatta.

“You have seen police officers swearing affidavits saying they were directed by the DCI to frame us. Didn’t you hear? He told the court that he was under instructions from then DCI boss George Kinoti to arrest and charge me until I withdraw my support for Ruto’s bid for the presidency,” Gachagua told the congregation amid chuckles.”

He, however, indicated that withdrawing his case was not enough, urging more instigators to come forward and clear other members of the public including politicians “facing false charges”.

“Withdrawing Gachagua’s case is not enough. Please come forward and clear all those you framed,” he added.

Gachagua, in an indirect jab at the administration of Uhuru, said the Kenya Kwanza government won’t influence the work of the police.

“We won’t call you (police) to direct you on how to do your work,” he added.

The court on Thursday, October 10, allowed DPP Noordin Haji to withdraw the case against Gachagua and nine others for lack of evidence.

The DPP told the court on Wednesday that there was no full disclosure of evidence in the case by the Directorate of Criminal Investigations (DCI) hence their decision.

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 were 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 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 were 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 stated 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 was also accused that on December 29, 2014, in Nairobi county fraudulently acquired Ksh6 million public funds for supply of Dialysis machines to Nyeri Provincial General Hospital.

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