The trial of a Sh 7.4 billion Corruption case against Mathira MP Rigathi Gachagua will commence after next years general elections.
Anti-Corruption Court magistrate Rose Makungu listed the case for hearing in September 2022 after she was told that the Director of Public Prosecutions is yet to furnish Gachagua and nine others with the intended evidence against them.
The MP complained to the court that seven months after he was charged the DPP is yet to supply with all witness statements and exhibits intended to be produced in the trial to enable him to prepare his defence.
“In a last-minute attempt the DPP supplied part of the evidence minus the witness statement of the investigating officer yesterday evening. They have also supplied one of the defence lawyers with an inventory this morning in court,” Gibson Kimani told the magistrate.
Kimani said they expected witnesses statements from 45 witnesses listed to testify against Gachagua and his co-accused persons.
The defence urged the court to list the case for hearing in September next year because they are appearing in other long trials including the NYS season 1 and 2 graft cases which have been listed between January and July next year.
The court said its diary is also clogged with other graft cases being heard on day to date cases following up to August.
“This matter can only be heard as from September 2022 which seems to be a free month,” said the magistrate.
The Prosecution urged the court to block 10 to 14 days to expedite the trial saying taking fewer trials will make the trial last a decade before the conclusion.
Taking the cue from the Prosecution, the trial court spread the trial of Gachagua between September and November 2022.
She blocked a week every month with the first hearing scheduled for September 5.
In this case, Gachagua has denied six counts of corruption-related charges over Sh 7.4 billion.
According to the prosecution, the MP is alleged to have fraudulently acquired Sh 7.3 billion proceeds of crime between the years 2013 and 2020 through business dealings in the government.
The six counts facing the MP include conspiracy to commit an offence of corruption, fraudulent acquisition of public property, conflict of interest, money laundering and acquisition of proceeds of crime.
Other also charged are Mathira CDF manager William Mwangi Wahome, Ann Nduta Ruo, Jullianne Jahenda Makaa and Samuel Murimi Ireri, Grace Wambui Kariuki, Lawrence Kimaru, Irene Wambui Ndigiriri, David Reuben Nyangi Nguru and Rapid Medical Supplies Ltd.
The nine together with Gachagua, are jointly charged with conspiracy to commit an offence of corruption by defrauding Nyeri County Government of Sh 27.4 million purportedly for supply of dialysis machines to Nyeri Provincial General Hospital.
Prosecution says that the accused persons committed the offence between May 2015 and December 2016.
Nguru, Rapid Medical Supplies Ltd and the MP faced a separate charge of fraudulent acquisition of public property. Chief magistrate Lawrence Mugambi heard that on December 29, 2014 they received Sh 6 million from the Nyeri county government being part of the payment for the supply of the dialysis machines.
On the acquisition charge, the State claims that between year 2013 and 2020 the MP fraudulently acquired Sh 7.3 billion through his three bank accounts.
On conflict of interest, the court heard that the Gachagua acquired an indirect private interest in a contract for construction of Njathaini primary school funded by the Mathira CDF.
The State claims that the contract was awarded to Skytop agencies, a company owned by Julianne Jahenda Makaa, who is his close associate. The offence was committed between October 2018 and January 2019.
