Public Figure Cases Dropped in 2022

DP Rigati Gachagua addresses Kenya Kwanza MPs during a parliamentary group meeting on Monday, December 5, 2022
DP Rigathi Gachagua addresses Kenya Kwanza MPs during a parliamentary group meeting on Monday, December 5, 2022.
William Ruto

Since the beginning of President William Ruto’s reign, there has been a trend that has seen the Director of Public Prosecution (DPP) Noordin Haji dropping several cases against various public figures.

Deputy President Rigathi Gachagua

On November 10, the anti-corruption court dropped a Ksh7.3 billion corruption case against Deputy President Rigathi Gachagua. 

The ruling that was delivered by Senior Principal Magistrate Victor Wakumile, noted that the court could no longer continue with the case after it was dropped by the Director of Public Prosecution. 

"There being no objection to the substantive application by the prosecution to have the matter withdrawn under section 87A of the Criminal Procedure Code, the application is hereby granted.

"The accused persons are hereby warned and informed that they may be re-arrested in the future and on the same or similar charges," the Magistrate ruled. 

The ruling came after the Office of the Directorate of Public Prosecutions (ODPP) applied to withdraw the case citing insufficient evidence which, according to the office, crippled the investigations. 

Sarah Wairimu Cohen

Director of Public Prosecution Noordin Haji on November 29, made an application to withdraw the case against Tob Cohen’s widow, Sarah Wairimu Cohen.

Haji requested the court to halt the prosecution of Wairimu but, at the same time, asked the court to order a public inquiry into the death of the Dutch businessman, Tob Cohen. 

"I hereby enter a Nolle Prosequi (do not prosecute) and inform this Honourable court that the Republic intends that the criminal proceedings against the above-named persons who are charged with the offense of murder contrary to section 203 as read with section 204 of the Penal Code, Laws of Kenya shall not continue," read part of the statement by ODPP. 

The DPP’s move was, however, opposed by Cohen’s kin who felt it was out of bad faith and ill intention.

Prime suspect in Tob Cohen's murder Sarah Cohen and her lawyer Philip Murgor in court on October 3, 2019.
Lawyer Philip Murgor (left) accompanies his client Sarah Cohen to court on October 3, 2019.
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Aisha Jumwa

On October 12, DPP Noordin Haji withdrew the Ksh19 million graft charges against former Malindi MP Aisha Jumwa.

Before Jumwa’s appointment as the Public Service and Gender Cabinet Secretary by President William Ruto, she was facing a murder charge and a Ksh19 million graft case.

She had been officially charged in court with the two cases.

Through the head of prosecution Alex Akula, the DPP's office informed Chief Magistrate Martha Mutuku that it had received orders to withdraw the case against the CS who was the first defendant in the murder case.

Ex-Power Kenya Boss

In October 2022,  DPP Noordin Haji withdrew the Ksh400 million graft case against former Kenya Power Managing Director Ben Chumo and 10 others. 

They were discharged under section 87 (a) of the constitution. Chumo was charged alongside Muwa Company Limited.

The DPP in March 2022, withdrew charges against Muwa Company and its directors James Njenga Mungai, his wife Grace Wanjira and son, John Anthony Mungai.

There were no reasons given for the withdrawal of the charges against the three.

Chumo had been charged in 2018 for willful failure to comply with procurement procedures.

Speaking during a thanksgiving service at ASK Show Ground in Baringo, Gachagua thanked the DPP for dropping his graft case but urged him to consider all those who were falsely accused as well.

He stated that all the cases that were falsely and politically instigated during the former regime should be dropped.

Public Service CS Aisha Jumwa shares a light moment with former Prime Minister Raila Odinga in Mombasa in November 2022
Public Service CS Aisha Jumwa shares a light moment with former Prime Minister Raila Odinga in Mombasa in November 2022
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