Blow for DPP as Court dismisses application to withdraw Ksh 50M theft case

Blow for DPP as Court dismisses application to withdraw Ksh 50M theft case

A Kiambu Court has dismissed an application by the Director of Public Prosecution (DPP) seeking to withdraw a Ksh. 50.9 million theft case against former PCEA Moderator David Gathanju and two others.

KBC Radio_KICD Timetable

Kiambu Senior Principal Magistrate Stella Atambo termed the application by the DPP not merited, off the mark and incompetent.

Magistrate Atambo in dismissing the application observed that the accused persons took plea three years ago and only one witness has testified so far.

Also Read  Baringo Referral Hospital benefits from a Ksh 54M ECG machine

She added that the constitution requires that such cases that are of great public interest be heard without undue delay.

Get breaking news on your Mobile as-it-happens. SMS ‘NEWS’ to 20153

Gathanju who served as the moderator of PCEA General Assembly between 2009 and 2015 had been charged alongside two others with stealing money from the church.

Also Read  Kajiado: Students unhurt as fire razes Al Maktoum Girls dormitory

The three denied the charges and are out on a Ksh 1 million bond.

Gathanju’s lawyer John Njuguna welcomed the ruling saying it was a win for his team who want the case terminated after the accuser passed away.

Also Read  Kenya Maritime Authority to register marine vessels in L. Turkna

Prosecution Counsel Donnex Ongila, however, expressed displeasure with the ruling saying they will be applying for review at the High Court.

The decision by the prosecution to withdraw the case came two months after the complainant, Rev Peter Kania died of Covid-19.

The case will be heard on January 27 and February 2, 2021.


Tell Us What You Think