DP Gachagua allies rush to court, obtain orders blocking their arrest

Three politicians allied to Deputy President Rigathi Gachagua can now breathe a sigh of relief after the High Court in Nairobi on Friday issued temporary orders blocking their arrest, detention and prosecution.

The trio includes former Nyeri Town Member of Parliament Ngunjiri Wambugu, ex-Embakasi West lawmaker George Theuri, as well as Pius Munene.

High Court Judge Lawrence Mugambi issued the orders against the Directorate of Criminal Investigations (DCI) as well as the Office of the Director of Public Prosecutions (ODPP), further directing the petitioners to file and serve the respondents in the case within 7 days.

Justice Mugambi set the matter for mentioning on October 15, 2024.

In the matter matter, the three politicians had moved to court claiming that on September 26 this year, they were made aware of a plan between the respondents to arrest and prosecute them over what they termed as trumped up charges.

They hence argued that their intended arrest and prosecution was a mockery to the justice system and an abuse of court process.

This comes after DPP Renson Ingonga had approved charges levelled against five people for their alleged role in planning, mobilizing and financing June’s youth-led anti-government protests.

The other two were MPs James Gakuya (Embakasi North), and Benjamin Gathiru Mejja Donko (Embakasi Central).

In a letter dated September 26, 2024, addressed to DCI Amin Mohamed, the DPP okayed that the five, who are allied to DP Gachagua, face the charges.

"Upon careful perusal, the DPP has directed that there is sufficient evidence to charge the suspects with the offence of conspiracy to commit felony contrary to section 393 of the Penal code. In addition, a separate inquiry file should be opened for money laundering and financial crimes related offenses," read part of the letter.

The DPP recommended that the five be charged with conspiracy to commit a felony contrary to section 393 of the Penal Code.

Additionally, Mwangi is to charged with soliciting or inciting others to commit an offense contrary to section 391 of the Penal Code, as well as money laundering contrary to sections 3, 4 and 7 of the Proceeds of Crime and Anti-Money Laundering Act.