The High Court has temporarily blocked the arrest and prosecution of key allies of Deputy President Rigathi Gachagua over allegations of plotting the storming of Parliament on June 25.
Yesterday, Thursday, September 26, 2024 the Directorate of Criminal Investigations (DCI) recommended charges against Members of Parliament Benjamin Gathiru (Embakasi Central), James Gakuya (Embakasi North), former Embakasi West MP George Theuri, former Nyeri Town MP Wambugu Ngunjiri and Gachagua’s Private Secretary Pius Munene.
Today, the court granted the orders in an urgent application filed by Gachagua’s political advisor Ngunjiri Wambugu, former MP George Theuri and Pius Mugene, an aide.
Their intended prosecution comes amid advanced plans to impeach Gachagua over his alleged involvement in the June 25 incident when protestors set part of Parliament ablaze after breaching its security cordon.
The trio moved to court today after the Office of the Director of Public Prosecutions (ODPP) approved charges recommended by the Directorate of Criminal Investigations (DCI).
Justice Lawrence Mugambi certified the matter as urgent and directed service of the application to the respondents by close of business.
“Pending the hearing and determination of this application, the court hereby issued a conservatory order restraining the respondents from arresting, detaining or prosecuting them from the allegations raised in this petition.” The court papers read in part.
The court will mention the matter on October 15, 2024 for further directions.
The three petitioners faulted the DCI and ODPP for seeking to prosecute them on “trumped up charges” a term Gachagua has used in reference to the matter.
They claimed that the intended prosecution is a mere witch-hunt and an arm-twisting manoeuvre.
“It was the President who was on record addressing the public and informing Kenyans on investigations conducted regarding the financiers. The communication of the president whose word is binding on the final findings of the investigative authorities vindicates us of any wrongdoing in the allegations.” Documents filed in court say.
Today, the ODPP approved charges against the five allied to DP Gachagua linking them to an alleged coup plot as claimed by politicians in president William Ruto’s inner circle.
The ODPP said the five will answer to a conspiracy to commit felony.
Further, the ODPP ordered an inquiry on money laundering and financial crimes.
“Upon careful perusal, the DPP has directed that there is sufficient evidence to charge the suspects with the offense of conspiracy to commit felony contrary to section 393 of the Penal code.” The ODPP stated.
DCI accused the five of soliciting or inciting others to commit an offense under Section 391 of the Penal Code, conspiracy to commit a felony under Section 393, and money laundering under Sections 3, 4, and 7 of the Proceeds of Crime and Anti-Money Laundering Act.
“Efforts are being made to obtain all financial data FRC, Safaricom, and banks where financial transactions were carried out.” Head of Investigations Bureau at DCI Abdallah Komesha said in the letter forwarded to the ODPP for action.
