Deputy President-elect Rigathi Gachagua has been spared from testifying in the inquest of the death of Nyeri County's third Governor Wahome Gakuru.
The High Court on Thursday, August 18, ruled that the outgoing Mathira Member of Parliament can withdraw from testifying since his testimony won't add much value to the case.
In August 2021, Gachagua, alongside Mutahi Kahiga, the fourth Governor of Nyeri County, had been directed to offer testimonies by the Magistrate Court.
In her latest ruling, Justice Florence Muchemi, however, quashed the directive giving the two leaders a window to withdraw as witnesses.
Gakuru's life was tragically cut short after he got involved in an accident at Makenji along the Kenol-Nairobi highway on November 7, 2017.
Gachagua was summoned to testify in the case after prosecution argued that the former Governor's death occurred after Gakuru ordered an audit of public funds during the tenure of his brother Nderitu Gachagua.
The lawmaker, poised to be Kenya's second-in-command however, soon after the summons filed a suit challenging the directive on the basis that none of the witnesses presented during the inquest have mentioned him or Kahiga.
The two leaders also argued that public perception about them would be eroded and their constitutional rights violated.
Governor Mutahi Kahiga and MP Gachagua also stated that they did not have evidence to give before the court regarding the circumstances surrounding the car crash.
According to court documents, the duo stated that they found out about the crash at the same time everyone else heard about it.
Notably, Gakuru’s family had filed an application seeking to have Governor Kahiga explain a statement he made after the crash.
During a requiem mass for the late governor held in November 2017, governor Kahiga stated that he had warned Gakuru not to use his official car due to its mechanical state.
