The anti-corruption court on Thursday, November 10, allowed a request by public prosecutors to withdraw a KSh 7.5 billion corruption case against DP Rigathi Gachagua.
Director of Public Prosecution (DPP) Noordin Haji yesterday applied to withdraw the case against Gachagua and nine others citing a lack of evidence.
“The application by the Director of Public Prosecutions (DPP) is hereby granted,” Senior Principal Victor Wakumile ruled.
But the Azimio La Umoja One Kenya Coalition party presidential candidate Raila Odinga faulted the Judiciary for granting permission to withdraw Gachagu’s graft case.
In a statement shared with the media on Thursday, November 10, opined that the withdrawal of DP Rigathi Gachagua’s multi-billion corruption case showed that the country was flirting with lawlessness.
“Recent development in which the Director of Public Prosecution has moved fast to drop cases against officials and the willingness of the Judiciary to dance to the tunes of the Executive, point to the fact that as a country, we are flirting with lawlessness,” Raila Odinga said.
The former Prime Minister further dismissed Senior Principal Victor Wakumile’s ruling that the withdrawal was procedural and in line with the Constitution of Kenya under section 87A of the Criminal Procedure Code.
Raila insisted that DPP boss Noordin Haji did not issue substantive explanations while withdrawing the case.
Gachagua was facing six counts of conspiracy to commit economic crimes including the fraudulent acquisition of KSh 7.4 billion through his personal accounts at Rafiki Micro-Finance Bank.
Under the new regime led by President William Ruto, prosecutors have withdrawn several cases against some of UDA allies on the same grounds.
For instance, Haji, last month applied to withdraw corruption charges against Aisha Jumwa, now a cabinet secretary, related to the embezzlement of KSh 19 million.
The public prosecutor also withdrew a case against former Samburu Governor Moses Lenolkulal who has been shortlisted for the position of principal secretary.