The Anti-corruption court has granted an application by the Director of Public Prosecutions (DPP) to withdraw Ksh 7.3 billion graft case against Deputy President Rigathi Gachagua.
This is after the DPP made an application to withdraw the case citing insufficient evidence and documentation to enable the case proceed to trial.
In a ruling Thursday morning, Senior Principal Magistrate Victor Nakumile agreed with the prosecution that the case did not meet threshold for a trial.
The magistrate said the evidence presented before court should have been beyond reasonable doubt to allow the case to proceed.
“There is only one logical threshold that should be the basis of charging any citizen, that is the evidence presented should be able to prove a case beyond reasonable doubt,” he said
He faulted the DPP for failing to act in the interest of administration of justice and preventing the abuse of legal process.
“These proceedings are testimony to the fact that DPP acted contrary to article 157 of the constitution in its entirety. One can not prefer charges on the anticipation of evidence. Plea taking is not a simple thing, it leads to denial of liberty, public ridicule and may a time stress which may lead to loss of life,” Nakumile said
“The decision to charge must be exercised judiciously partially and independently,” he added
The court, however, noted that the accused could be summoned incase more tangible evidence emerged.