Director of Public Prosecutions Noordin Haji has been granted three weeks to review Sh 7.4 billion corruption case against DP, Rigathi Gachagua and his co-accused persons.
Milimani Anti-Corruption magistrate Victor Wakumile on Monday, October 17, 2022 allowed the DPP’s request to be allowed more time to review the graft case before giving directions in relation to the graft case.
This is after the DPP informed the court that he has received some letters from some of the accused persons in the case seeking to have him review the evidence and charges against them.
Gachagua who was not present in court, and his lawyer Gibson Kimani did not oppose the request by the DPP to review the charges against him.
However, lawyer Kimani informed the trial magistrate that his client failed to appear in court in person saying he thought the matter would be mentioned virtually.
The DPP however did not dispute Gachagua’s absence in court saying there was confusion on whether the matter will be mentioned virtually or in 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 Magistrate Wakumile.
The court allowed the adjournment of the matter to November 21 for the DPP to inform the court of his decision to review the graft charges.
Wakumile however ordered Gachagua and the other co-accused persons to appear in court in person during the hearing set to commence on November 21.
In the case, DP is charged alongside nine others including 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.
The charge sheet states that on diverse dates between 2013 and 2020 in Nairobi, Gachagua allegedly fraudulently received Sh 7,330,011,265 through three bank accounts domiciled at Rafiki Micro-Finance bank while knowing that the monies were proceeds of crime.
He is also accused that on December 29, 2014, in Nairobi county, jointly with others not before the court, he fraudulently acquired Sh 6 million in public funds for the supply of dialysis machines to Nyeri Provincial General Hospital.
The DP was charged with money laundering for allegedly receiving a total of Sh 104,821,205 from the Bungoma County Government between January 2018 and June 2019, with the intent to unlawfully dispose of monies.
He is also alleged to have received Sh 7,583,505 from the Kwale County Government with the intent to dispose of the money unlawfully.
Gachagua is also charged with conflict of interest on grounds that between October 2018 and January 2019 being the Member of Parliament for Mathira Constituency he privately benefited from a contract awarded for the construction of Njathaini Primary School which was funded by the Mathira Constituency Development Fund. According to the charge sheet, the contract was awarded to a company owned by one of Gacagua’s close associates.
