An anti-corruption court has allowed an application by the Director of Public Prosecutions (DPP) Noordin Haji to withdraw a Sh7.3 billion corruption case against deputy president Rigathi Gachagua and nine others.
The court allowed the withdrawal under Section 87 for lack of evidence.
However, magistrate Victor Wakumile, warned the accused persons that they may be re-arrested in the future on the same charges.
He said that one cannot prefer charges while anticipating to gather evidence. He also faulted investigative bodies for arraigning suspects while still fishing for evidence.
Read: DPP Applies to Withdraw Sh7.3 Billion Graft Case Against DP Gachagua
“The decision to charge must be exercised partially and independently,” he said.
“Never should a judicial system be used as a doormat. There is a need to respect institutions.”
Magistrate Wakumile ordered that the Sh12 million bail deposited by the deputy president should be returned to him.
His passport, the court ordered, shall also be returned. The same shall apply to his co-accused.
Read Also: DPP Haji Reveals Evidence in DP Gachagua’s Graft Case was Forged
His 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.
On Wednesday, the prosecution applied to withdraw the graft suit to allow the Directorate of Criminal Investigations (DCI) probe the matter further and submit the file.
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