Deputy President-Elect Rigathi Gachagua is poised to enjoy immunity in Ksh. 7.4 Billion a case implicating him in Sh7.4 billion scandal after Supreme Court upheld his victory with president-elect William Ruto.
The case, which was scheduled to kick off today, was postponed owing to the petition lodged at the Supreme Court by Azimio-One Kenya presidential candidate, Raila Odinga, challenging the victory of President-Elect William Ruto and Gachagua.
After the Supreme Court upheld Ruto’s victory Director of Public Prosecutions Noordin Haji says he is now on crossroads on whether the Deputy President-elet enjoys immunity similar to the president on criminal court proceedings.
According to the constitution of Kenya, the President or person performing function in the office of president shall enjoy term immunity against criminal proceedings, with no express provision for the deputy president.
“Criminal proceedings shall not be instituted or continued in any court against the President or a person performing the functions of that office, during their tenure of office.
“Civil proceedings shall not be instituted in any court against the President or the person performing the functions of that office during their tenure of office in respect of anything done or not done in the exercise of their powers under this Constitution,” Reads article 143 of the constitution.
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Following the legal gap in the constitution on whether the Deputy President can face any trial either criminal or civil while still holding the position, this puts the prosecution into a difficult situation on how to proceed with the case facing Gachagua.
The case against Gachagua was expected to kick off today before Milimani Anti-Corruption magistrate Victor Wakumile.
The prosecution through state counsel Willy Momanyi had earlier informed the court that it would line up 14 witnesses to testify against Gachagua.
Gachagua with nine co-accussed persons, were jointly charged with conspiracy to commit an offence of corruption by defrauding Nyeri County Government.
Ksh7.4 billion in difference tenders purportedly for supply of dialysis machines to Nyeri Provincial General Hospital between 2015 and 2016, the charges that they all denied.
By Rodgers Oduor
