Director of Public Prosecutions (DPP) has been given three weeks to review the Sh7.4 billion corruption case against Deputy President Rigathi Gachagua and nine other individuals.
The prosecution requested that the hearing set for Monday and Tuesday be postponed so that the prosecutors may study the case before deciding whether or not the trial will proceed. Milimani Anti-Corruption Court Magistrate Victor Wakumile granted the DPP’s request.
The DPP was given until November 21 to appear in court and get instructions on the trial.
The DPP informed the court that three of the defendants in the case had written to him asking him to review the evidence and allegations against them.
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Mr Gachagua was absent. His lawyer, Gibson Kimani, did not object to the DPP’s request to review the accusations against him, but he did let the magistrate know that the DP did not show up in person because he anticipated the subject would be discussed remotely.
The prosecution did not contest Mr Gachagua’s absence, claiming there was a misunderstanding on whether the matter was to be discussed virtually or open court.
“In view of the application by the DPP to review the charges, l will not make any further orders in regards to the absence of the accused persons today,” said Mr Wakumile.
The court adjourned the matter to November 21 for the DPP to inform the court of his decision to review the case.
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Mr Gachagua and his co-accused, have however been ordered to appear in court in person during the hearing set to commence on November 21.
The co-accused include: Nyeri senator 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.
They are charged with irregularly receiving through Rafiki Micro-Finance Bank a sum of Sh7,330,011,265 using three bank accounts while knowing the funds were proceeds of crime.
The crime was carried out in Nairobi between 2013 and 2020 on various dates.
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The court was informed that on December 29, 2014, in Nairobi County, the DP illegally obtained Sh6 million in public funds for the purchase of dialysis machines for Nyeri Provincial General Hospital.
The DP was accused of money laundering after it was claimed that he received Sh104,821,205 from the Bungoma County Government between January 2018 and June 2019 with the intention of using the funds for illegal purposes.
The Kwale County Government has also accused him of receiving Sh7,583,505 with the purpose to unlawfully dispose of it.
In addition, Mr Gachagua is facing charges of conflict of interest because, while serving as the MP for the Mathira Constituency between October 2018 and January 2019, he received a private benefit from a contract awarded for the building of the Njathaini Primary School, which was paid for by the Mathira Constituency Development Fund.
According to the charge sheet, the contract was given to a business owned by one of Mr Gachagua’s close friends.
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