DPP fails to stop hearing of Sh50.9m PCEA theft case
The hearing starts in a Kiambu court from January 27, 2021:PCEA THET CASE: Former PCEA moderator David Gathanju wand co-accused James Muiruri and Peter Mwangi at the Kiambu law courts.
DPP fails to stop hearing of Sh50.9m PCEA theft case
Kiambu senior principal magistrate Stella Atambo termed the application by DPP not merited, off the mark and incompetent.
• She was concerned that the accused took the plea three years ago and only one witness has since testified.
The Director of Public Prosecutions has been dealt a major blow in the Sh50.9 million theft case facing former Presbyterian Church of Eastern Africa moderator David Gathanju and two others.
A Kiambu court on Friday dismissed the DPP’s September 4 application to withdraw the case under Section 87(A) of the Constitution.
State counsel Donnex Ongila said he had been instructed to withdraw the case even before the death of the complainant, the Rev Peter Kania.
Kania died of Covid-19 two months ago. He wasthe general secretary of the PCEA and the second in command in the church hierarchy.
However, the accused opposed the application and now wants the DPP to terminate the case permanently.
Kiambu senior principal magistrate Stella Atambo on Friday said the DPP’s application was “not merited, off the mark and incompetent”.
The ruling is a win for Gathanju and his co-accused.
The magistrate noted that the accused took the plea three years ago and only one witness has since testified.
She said the Constitution requires that cases of much public interest should be heard without undue delay.
Gathanju, who served as the moderator between 2009 and 2015, has been charged alongside James Muiruri and Peter Mwangi with stealing Sh50.9 from the church between January 2, 2016, and June 30, 2017, at PCEA headquarters in South C.
They denied the charge and are out on Sh1 million bond each.
Gathanju’s lawyer John Njuguna welcomed the ruling.
“I welcome the court ruling and we now hope to proceed with the hearing of the matter until it’s reasonably concluded. It’s now up to the court to fix hearing dates,” Njuguna said.
Stanley Kangahi, for Muiruri, said since the prosecution has all the witnesses in place, it should proceed with the matter expeditiously.
Ongila expressed displeasure with the ruling and said the state will apply for review at the High Court.
The magistrate reminded the prosecution that it is the business of the court to hear the matter without undue delay.
“The business of this court is hearing this matter and the court has pronounced itself. I will fix the hearing dates and give the prosecution enough time to file for the appeal,” Atambo said.
The hearing will start from January 27 to February 2, 2021.
