DPP boss Noordin Haji on Wednesday, November 9, said the move to withdraw charges was reached after it emerged that the prosecution had insufficient evidence to charge the former Mathira MP.
Haji, further told the Anti-Corruption Court that the Director of Criminal Investigation (DCI) team failed to avail the original files and exhibits used to arrest and charge Gachagua.
“In light of the request to review, the prosecution team sat and reviewed the evidence and realized that we were not able to respond to the letters without the evidence we had requested from the DCI at the time we were charging,”
“DCI did not respond to our request, nor did they avail the original files and the exhibits required to enable us to study the file again,” the DPP stated.
On Thursday, November 10, the Anti-Corruption Court agreed to withdraw KSh 7.3 billion in graft charges against the second in command.
Senior Principal Victor Wakumile in his ruling said he had no opposition to having the matter withdrawn saying that it was in line with section 87A of the Criminal Procedure Code.
“There being no objection to the substantive application by the prosecution to have the matter withdrawn under section 87A of the Criminal Procedure Code, the application is hereby granted,
“The accused persons are hereby warned and informed that they may be re-arrested in the future and on the same or similar charges,” the magistrate ruled.
Gachagua’a lawyer Kioko Kilukumi welcomed the ruling insisting that the KSh 7.3 billion corruption case against his client was politically instigated.
Gachagua was in July 2021, charged with six counts including acquiring more than KSh 7.3 billion suspected to be proceeds of crime.