Deputy President Rigathi Gachagua was handed a lifeline in the Ksh7.3 billion graft case after it emerged that the lead detective, drawn from the office of the Directorate of Criminal Investigations (DCI), applied for the case to be withdrawn.
Officers who were enjoined in the case also recanted their evidence against the former Mathira MP, who accused the former government of witchhunt.
For the case to proceed, the DCI officers were to present documents and files covering five key areas, which they failed, prompting the court to adjourn the case on Monday, October 17.
In the first area, the investigator was advised to present separate files according to each county the case revolved. The three counties were Bungoma, Nyeri and Kwale.
The investigators were also required to present 12 documents relating to the tenders in question.
Prosecutors wanted specifications of various items, an annual budget, and procurement plan, a list of pre-qualified firms, company registration documents, letters of awards, and tender bid documents, among others, all of which were missing.
The Office of the Director of Public Prosecution (ODPP) also requested six documents from financial institutions and several files relating to the various companies mentioned in the case adduced.
One of the co-accused persons also failed to show up in court with his lawyers, arguing that their was a miscommunication regarding the hearing.
Following his submission, Magistrate, Victor Wakulime granted a plea filed before the court by the Director of Public Prosecution (DPP) Noordin Haji, who asked for more time to review the case.
The court granted the team three weeks to review the affidavit submitted by the second in command relating to the case.
Gachagua was accused of committing economic crimes, including the fraudulent acquisition of public property, acquisition of proceeds of crime, conspiracy to commit an offence of corruption, conflict of interest, and money laundering.
However, the former Mathira MP denied all the allegations setting the pace for a legal battle.
Meanwhile, the DPP was also allowed to delay the trial of billionaire, Mary Wambui Mungai, who was accused of failing to pay tax totalling Ksh2.2 billion.
Wambui, an ally of President William Ruto who financed Jubilee Party's 2017 campaigns, may be allowed to solve the case out of court.
“Based on the request by the accused, our office did write to the taxman on September 29 seeking their views.
"On October 6, we received a response from them indicating they were in engagements with the accused persons, who are taxpayers, in relation to review of the tax payable after the accused raised objections to the amount due,” the prosecutor told the court.
