Why Gachagua's Sh7.4 billion case now hangs in the balance

The prosecutor will decide to proceed or drop the matter after DPP Haji reviews the evidence

Deputy President Rigathi Gachagua

Senior Principal Magistrate Victor Wakumile granted Director of Public Prosecutions (DPP) Noordin Haji three weeks to review evidence in the graft case against Deputy President Rigathi Gachagua.

DPP Haji's office charged Gachagua with conspiracy to defraud the County Government of Nyeri of Sh27.4 million, purportedly to supply a dialysis machine to Nyeri Provincial General Hospital.

The former Mathira Member of Parliament was also accused of obtaining Sh7.4 billion through transacting with county governments.

According to a statement from Haji’s office, the prosecution asked the court for more time to review the evidence available based on the letters from some of the accused persons.

Prosecutor Vera Omollo told the court that she would decide to proceed or drop the matter after Haji reviewed the evidence.

In his ruling, Senior Principal Magistrate Victor Wakumile also vacated a two-day hearing scheduled for Monday, October 17 and Tuesday, October 18.

The Law Society of Kenya recently raised concerns over the withdrawal of several court cases against politicians by the Office of the Director of Public Prosecution.

In a media briefing on Thursday, October 13, LSK President Eric Theuri said that DPP Haji owed Kenyans an explanation on why his office dropped the cases.

We have witnessed a spate of withdrawal of cases facing various suspects, some of whom have been nominated for appointment as Cabinet Secretaries.

The profile of the suspects invites significant public interest as to the motive for the discontinuation of the cases and further poses serious credibility concerns in the investigative capacity of our institutions,” Theuri said.

He explained that the withdrawal of the cases showed that the DPP either prosecuted the suspects for ulterior motives or dropped the charges to help the suspects.

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