Investigations into the death of the former Nyeri governor, Wahome Gakuru, were halted on Tuesday through temporary orders issued by the High Court following a magistrate’s ruling last month ordering Governor-elect Mutahi Kahiga and Mathira MP now Deputy President-elect Rigathi Gachagua, to appear alongside Nyeri Chief of Staff Paul Wambugu and County Secretary Benjamin Gachichio as they were key witnesses in the investigation.
The inquest could not proceed, according to Nyeri Chief Magistrate Francis Andayi, since Governor Mutahi Kahiga and Mathira MP Rigathi Gachagua had obtained orders barring their summonses to attend court.
The four requested a review of the decision from High Court Judge Florence Muchemi through their attorney Wahome Gikonyo.
Prosecutors, led by Mwangi Gachanja, revealed during the Tuesday session that the case could not continue because the file pertaining to the proceedings was not accessible. They also stated that Justice Muchemi had ordered that the file be brought to him in response to the application for a review of the decision.
“The matter before the High Court is already ongoing and will continue on April 5, 2023 for the state’s response to the application,” Gachanja said.
The county’s investigation included Gachagua as a person of interest. During the administration of Nderitu Gachagua, MP Gachagua’s brother and Nyeri’s first governor, a case of abuse of public funds had been opened, according to lawyer Waweru.
Since they were in charge of allocating the governor’s staff, particularly the driver, on that fateful day, County Secretary Gachichio and Chief of Staff Wambugu were given orders to attend. The four, however, insist that they were not involved in the collision and that they learned about it at the same time as everyone else.
Before his instructions, Magistrate Andayi directed that the inquest be postponed pending the hearing of the motion for review. The late Gakuru’s family attorney, Martha Waweru, claimed that she was uninformed of the suit in the High Court and opposed the plea for review.
“It will not be appropriate to defy the High Court order that the matter be stayed pending the hearing of the suit before it,” he said.
Along with Chief Inspector Clement Mwangi from the Directorate of Criminal Investigations, the authorities were scheduled to give testimony. Mwangi, the case’s lead investigative officer, was reportedly in court and prepared to testify, according to the prosecution.
However, the magistrate requested that his evidence be postponed until the High Court issued its ruling on the case.
“The inquest will resume on May 3, 2023 for directions once the judge has heard and determined both the application and the prosecution’s response on it,” Andayi said.
Last year Gakuru’s family received court summons ordering the four government employees to attend as witnesses following his passing on and throughout the inquest hearings. In order for Kahiga to defend a comment he made following Gakuru’s demise, he was requested to attend.
The family claims that Kahiga stated he had urged Gakuru not to use his Mercedes Benz owing to its mechanical condition during a funeral liturgy for Gakuru held in November 2017 at Dedan Kimathi University.
Gakuru passed away in 2017 in Makenji in Kabati, Murang’a County, in a grisly road accident.