Deputy president-elect Rigathi Gachagua and Nyeri governor-elect Mutahi Kahiga will not testify in the inquest investigating the circumstances that led to the death of the second Nyeri governor Wahome Gakuru.
This is after the High Court in Nyeri quashed the orders made by chief magistrate Wendy Kagendo on August 21, 2021, and chief magistrate Francis Andayi on January 20, this year.
In a ruling issued on Thursday, Nyeri High Court judge Justice Florence Muchemi stated that the summons issued by the magistrate’s court for the two to appear as witnesses were irregularly issued and that statements by both Kahiga and Gachagua would add no value to the public inquiry that is investigating the circumstances surrounding Dr Gakuru’s death in 2017.
“I have looked briefly at the statements of the applicants and I agree with the applicants in this application that the statements have no property value. The summoning of the applicants to court to testify in the inquest will not serve any useful purpose in my considered view,” said Justice Muchemi.
“Considering the foregoing analysis, the court reaches a conclusion that the summons to the applicants which were issued on August 2, 2021 were irregularly issued. I also find that it was a misdirection by the magistrate to reject the objection that was raised by the counsel against the issue of summons that were issued on January 20, 2022 for the applicants to attend court and testify in the inquest,” she added.
On March 28, this year, the duo filed an appeal before Justice Muchemi, asking the court to reconsider a decision made on January 20 by Chief Magistrate Francis Andayi summoning them to appear as witnesses in the public inquiry.
Mr Andayi had directed that governor Kahiga and Mr Gachagua provide the inquest with information about how governor Gakuru died.
The inquest was temporarily postponed pending the outcome of Kahiga and Gachagua’s application for a revision of the orders summoning them to testify.
According to court documents, Gakuru’s family is seeking an explanation from governor Kahiga regarding his remarks at Gakuru’s requiem mass in November 2017 in which he was quoted as saying that he had warned the deceased against using his Mercedes Benz due to a mechanical problem.
Gachagua became a person of interest in the case after it was revealed that Dr. Gakuru had ordered an audit into the misuse of public funds while his brother, Nderitu Gachagua, was in office.
Magistrate Andayi had also issued orders to Nyeri County Secretary Benjamin Gachichio and Chief of Staff Paul Wambugu, who were in charge of assigning the governor’s staff.
Wahome Gikonyo, who was representing Mr Kahiga and Mr Gachagua, argued in his submission that there was no basis for summoning the two because the summoning application was made by a lawyer from the bar.
According to Gikonyo, the lawyer representing Dhamana Africa (lawyers representing Dr Gakuru’s family) went against the established procedure for inviting someone who had not given police statements during their investigations.
Gikonyo also claimed that none of the 17 witnesses called to testify in the case had mentioned Mr Kahiga or Mr Gachagua negatively in their testimony.
Following the ruling, the inquest was remanded to the Chief Magistrate so that the remaining witness, the investigating officer, could present his evidence.
The matter will be mentioned on September 1, before the chief magistrate court in Nyeri.
Gakuru died at Thika Level 5 hospital on 7 November 2017, after a road accident at Kabati near Kenol along Thika road.
