Deputy President-Elect Rigathi Gachagua will have to wait longer for the commencement of his Sh7.4 billion case.
The move comes after the case, which was scheduled to kick off today, was postponed owing to the petition lodged at the Supreme Court by Azimio-One Kenya presidential candidate, Raila Odinga, challenging the victory of President-Elect William Ruto and Gachagua.
The Supreme Court is set to deliver its ruling on the petition today.
Gachagua’s case is among those affected by the petition after the Judiciary closed Milimani Law Courts from August 26, to allow the apex court judges to conduct the hearing and determination of the dispute.
Extended immunity
Should the Supreme Court uphold his election as the Deputy President, the Director of Public Prosecutions Noordin Haji could find himself in a dilemma over whether the DP enjoys immunity similar to the president on criminal court proceedings. Gachagua could be the first Deputy President under the 2010 constitution to appear in a local court for a criminal trial.
The Constitution, however, is not clear on whether the immunity enjoyed by the President from court proceedings extends to the Deputy President.
Article 143 (1) states that criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office, during their tenure of office.
Following the lacuna in the constitution on whether the Deputy President can face any trial either criminal or civil while still holding the position, this puts the prosecution into a difficult situation on how to proceed with the case facing Gachagua.
The case against Gachagua was expected to kick off today before Milimani Anti-Corruption magistrate Victor Wakumile.
The prosecution through state counsel Willy Momanyi had earlier informed the court that it would line up 14 witnesses to testify against Gachagua.
In the case, Gachagua has denied six counts of corruption related charges. According to the prosecution, the MP is alleged to have fraudulently acquired Sh 7.4 billion proceeds of crime between 2013 and 2020 through business dealings in the government.
The six counts facing the MP include conspiracy to commit an offence of corruption, fraudulent acquisition of public property, conflict of interest, money laundering and acquisition of proceeds of crime. Others also charged are former Mathira CDF manager William Mwangi Wahome, Ann Nduta Ruo, Jullianne Jahenda Makaa and Samuel Murimi Ireri, Grace Wambui Kariuki, Lawrence Kimaru, Irene Wambui Ndigiriri, David Reuben Nyangi Nguru and Rapid Medical Supplies Ltd.
The nine together with Gachagua, are jointly charged with conspiracy to commit an offence of corruption by defrauding Nyeri County Government of Sh 27.4 million purportedly for supply of dialysis machines to Nyeri Provincial General Hospital.
Dialysis machines
The prosecution says that the accused persons committed the offence between May 2015 and December 2016.
Nguru, Rapid Medical Supplies Ltd and the MP faced a separate charge of fraudulent acquisition of public property. Chief magistrate Lawrence Mugambi heard that on December 29, 2014 they received Sh 6 million from the Nyeri county government being part of the payment for the supply of the dialysis machines.
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