Court Allows DPP’s Application To Withdraw Ksh.7.4B Fraud Case Against DP Gachagua

The Anti-Corruption court has allowed the Director of Public Prosecution (DPP)’s application to withdraw a Ksh.7.4 billion fraud case against Deputy President Rigathi Gachagua and nine others.

Judge Victor Wakumile notified the accused persons that they might be re-arrested over the same charges in future.

In the ruling, the judge faulted DPP for pressing charges on DP Gachagua and his co-accused 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.

Judge Wakumile further noted that there is need for the court to make recommendations that might improve the criminal justice system to avert such incidences in future.

The prosecution applied for withdrawal of charges on grounds that it would be prejudicial for the case to go on as it is since the evidence tabled in court was not enough. 

The DPP also sought withdrawal of the case under section 87 A of the criminal procedure code – which allows them to arrest and charge the suspects over the same offence once they find new evidence.

Earlier, a police officer Kuriah Obadiah swore an affidavit saying that Detectives at the Directorate of Criminal Investigations (DCI) were forced to charge DP Gachagua in the Ksh.7.4 billion corruption case. 

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