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