Kenya’s Prosecutor approves charges against five Deputy President's allies

By Our Correspondent, NAIROBI Kenya

The Kenya’s Director of Public Prosecutions (DPP) has approved charges against five allies of Deputy President, Rigathi Gachagua (pictured).

A statement from the Office of the Director of Public Prosecutions (ODPP) indicated that they will be charged with conspiracy to commit felony.

Further, the DPP directed that an inquiry file to be opened on money laundering, 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,” read the statement.

On Thursday, a letter from the Directorate of Criminal Investigations (DCI) recommended charges against Members of Parliament Benjamin Gathiru (Embakasi Central), James Gakuya (Embakasi North), George Theuri (Embakasi West), former Nyeri Town MP Wambugu Ngunjiri, and Gachagua’s Private Secretary, Pius Munene after conducting thorough investigations.

The charges they face include 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,” Detective Abdallah Komesha said in the letter forwarded to the ODPP for action.

However, Gachagua denied claims of aiding the violent June 25 Gen Z-led protests that led to an invasion of Parliament.

In a statement he denounced what he terms as ‘trumped up charges’ by DCI on his office staff and Members of Parliament allied to him.

He cried foul over the use of the criminal justice system to manage politics.

“Kenyans also know what the real problems in Kenya are. They surely know Rigathi Gachagua is not among them. Let our agencies remain professional, follow the rule of law and keep off politics,” he stated.

He argued that the plan is to try and associate them with violent demonstrations that took place in late June, in a futile attempt to soil his name to create grounds for the mooted impeachment proceedings against him.

“I am embarrassed that we are back to where we were. Harassment of my Office staff and Members of Parliament perceived to be close to me, has been going on for the last two months,” Gachagua said.

The latest development comes amid growing calls from Members of Parliament to impeach Gachagua, who is increasingly isolated within the government.

The much-anticipated impeachment motion against Deputy President Rigathi Gachagua sails past the 117-signature threshold required for the tabling before the House next.

Kimilili MP Didmus Barasa, who announced his intention to move the motion on Thursday, said he had collected 242 signatures from lawmakers in support of the bid.

Should the motion find its way to the National Assembly, Barasa, an ally of President William Ruto, will require 233 votes to pass.

“I am the sponsor of the impeachment motion against the Deputy President Rigathi Gachagua and so far, I have received 242 signatures and an additional six MPs were awaiting to append their signatures,” he told Capital News on phone.

Article 150 of the Constitution dictates grounds for impeaching a Deputy President as gross violation of the Constitution, suspicion for committing a crime and gross misconduct.

Cracks between President Ruto and his deputy has been widening by the day with the impeachment motion marking the latest escalation after Gachagua called out the Head of State in a televised interview on September 20.

Article 145 states that a member of the National Assembly may move to impeach the Deputy President if at least one-third of the members support the motion.

Upon approval fro tabling, the mover requires 233 MPs for the motion to move to the Senate for consideration.

The Speaker of the National Assembly is requred to notify the Speaker of the Senate which will then convene within seven days.

In considering the motion, the Senate may form an eleven-member special committee to investigate the allegations.

After granting the Deputy President audience, the committee will transmit its recommendations to the Senate within ten days where its report will require a two-thirds backing for the impeachment to stand.