By HARRIET MUGO
The Anti-Corruption Commission has withdrawn the sh 7.3b corruption case against Deputy President Rigathi Gachagua.
This is after the DPP submitted a request to withdraw the case citing the lack of evidence and sufficient documents to enable the case to continue to proceed.
In his decision Thursday morning, Senior Chief Justice Victor Wakumile agreed with the prosecution that the case did not meet the criteria for trial.
The judge said the evidence presented in court had to be beyond doubt to allow the case to proceed.
“There is only one logical threshold that should be the basis for indicting any citizen, that is the evidence provided that can prove the case without a doubt,” he said.
He blamed the DPP for failing to work in accordance with justice and preventing the misuse of legal procedures.
“These cases are a witness to the fact that the DPP acted contrary to article 157 of the constitution in its entirety. One cannot favor prosecution in anticipation of evidence.
Receiving requests is not an easy thing, it leads to deprivation of freedom, public ridicule and it can be stressful which can lead to loss of life,” Wakumile said.
In the application submitted by DPP Haji, the decision was issued on Thursday, November 10, Judge Victor Wakumile allowed the application but warned Gachagua and his co-accused that they may be arrested again in the future for similar charges.
“The defendants are given this warning and informed that they may be arrested again in the future and for the same or similar charges,” ordered Wakumile.
DP Gachagua was facing six charges of conspiracy to commit economic crimes along with William Mwangi, Anne Nduta, Julianne Jahenda, Samuel Murimi, Grace Wambui, Lawrence Kimaru, Irene Wambui and David Nguru.
