The Decision By The Court To Return Gachagua’s Sh202m Is Well Understood
The Mt Kenya Times 
Deputy President Rigathi Gachagua
By: Joseph Mutua Ndonga
Worth Noting:
- If the claims did not meet the evidential threshold, the DPP was supposed to return the files to the investigative arms. His office would accompany this with a memorandum pinpointing the gaps and areas that needed further investigations. Why did he fail to do this on Gachagua’s file?
- Well, I have been listening to DPP Nordin Haji response. He avers that he was equally under intense pressure. Some people in high offices were pushing me to charge him and other associates of DP Ruto.
- I remember I used to discuss this matter with many people. They used to tell me. Gachagua posed real and greatest threat to President Uhuru’s succession plan in Kikuyu-land and by extension Mount Kenya region.
The Court of Appeal has finally delivered the much-awaited ruling on an application filed by Deputy President Rigathi Gachagua.
The deputy President had moved to court to challenge the decision of the previous administration to forfeit his Sh201.9 million on ground that had acquired it fraudulently.
At the time, he vehemently fought the claims while blaming then-President Uhuru Kenyatta for his woes.
He is targeting me because I refused to kneel before him.
He wanted me to force me to support his project, the Azimio La Umoja One Kenya Coalition presidential candidate Raila Odinga.
I said a big No. As you know, I’m a son of Mau Mau. I had made up mind to support the candidature of honorable William Ruto. I’m therefore prepared and ready to pay the ultimate price.
The question that kept propping up at the time is. Why the DPP did charge him?
The law required him to first scrutinize and verify the allegations contained in the files submitted by DCI, EACC and Assets Recovery Agency (ARA).
If the claims did not meet the evidential threshold, the DPP was supposed to return the files to the investigative arms. His office would accompany this with a memorandum pinpointing the gaps and areas that needed further investigations. Why did he fail to do this on Gachagua’s file?
Well, I have been listening to DPP Nordin Haji response. He avers that he was equally under intense pressure. Some people in high offices were pushing me to charge him and other associates of DP Ruto.
I remember I used to discuss this matter with many people. They used to tell me. Gachagua posed real and greatest threat to President Uhuru’s succession plan in Kikuyu-land and by extension Mount Kenya region.
So, a plot had to be hatched to tame him.
Uhuru wanted to manage these people to support his project, Raila Odinga.
Gachagua, then Mathira MP, was his main headache. As it turned out, he finally disrupted his plans. Kikuyus voted en masse in favor of Dr Ruto.
Seemingly, the verdict of the Court of Appeal was largely informed by the submissions of the DPP and the lead investigator.
The latter had submitted that he was under pressure from then DCI boss to charge the first-time Mathira MP.
So, he did this before collecting enough evidence to sustain the case.
My attempt to look and gather more evidence did not bore the fruit.
Reason? There was none. Here, one did not need to be a rocket to know the message the investigator was putting across.
The case was politically motivated. In a nutshell, it was designed to settle political scores.
Put yourself in the shoe of DPP. What would you do when you receive this kind of file? The only option is to withdraw the case.
For Gachagua, this cleared his way to file another application seeking to have the millions forfeited returned.
The Asset Recovery Agency (ARA) had no objection. It was only waiting for this verdict.
To me, this is not Gachagua’s victory. It is a victory for justice fairness and judicial independence.
Joseph Mutua Ndonga is a writer and political analyst
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