Africa-Press – Kenya. Siaya Governor James Orengo has claimed that Deputy President Rigathi Gachagua’s case was withdrawn because he is DP.
Speaking on Saturday, Orengo said that withdrawing the case was an abuse of courts and the Justice system.
“I can tell this without fear of contradiction, that if Gachagua was not the Deputy President of the Republic of Kenya, his case would not have been withdrawn.
“It is being withdrawn because he is the deputy president of the Republic of Kenya. That is an abuse of the criminal justice system,” he said.
Orengo slammed the Director of Public Prosecution Noordin Haji for withdrawing Sh7.5 billion graft case against Gachagua.
He said that there are many Kenyans who do not deserve to be in court and Haji cannot withdraw their cases because they are ordinary people.
The Siaya governor insisted that the justice institutions must remain true to serving Kenyans.
Orengo said that courts should examine all the cases properly before they are withdrawn.
Gachagua’s case was withdrawn on Thursday under Section 87 for lack of evidence.
Magistrate Victor Wakumile said the evidence presented should be able to prove a case under reasonable doubt.
In allowing the DPP application, Wakumile said one can’t prefer charges on the anticipation of getting evidence.
He faulted the investigative bodies for presenting people in court while they are still fishing for evidence
“The decision to charge must be exercised partially and independently,” he said.
“Never should a judicial system be used as a doormat. There is a need to respect institutions.”
The court said the Sh12 million bail Gachagua deposited in court as a condition for his release when he was charged should be returned to him.
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