The Director of Public Prosecution (DPP) was granted permission by the Anti-Corruption court to withdraw a Ksh. 7.4 billion fraud case against Deputy President Rigathi Gachagua and nine other individuals.
The defendants were warned by Judge Victor Wakumile that they can be detained again in the future on the same allegations.
The judge reprimanded the DPP for charging DP Gachagua and his co-accused without performing thorough investigations in the ruling.
“Why did the DPP appear to act and favor charges based on incomplete investigations? The decision stated, “One cannot be led to infer that he behaved under duress from his junior, the DCIO.
Judge Wakumile added that in order to prevent similar incidents in the future, the court must offer recommendations that could enhance the criminal justice system.
Because the evidence presented in court was insufficient, the prosecution argued, it would be detrimental to continue prosecuting the case as now.
Section 87 A of the Criminal Procedure Code permits the DPP to arrest and charge the suspects for the same offense once new evidence is discovered. The DPP also requested that the case be withdrawn under this provision.
The Directorate of Criminal Investigations (DCI) detectives were compelled to charge DP Gachagua in the Ksh. 7.4 billion corruption case, according to an affidavit signed by police officer Kuriah Obadiah.
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