Nairobi; The Anti-corruption court has on Thursday morning granted an application by the Director of Public Prosecutions-DPP to withdraw a Ksh7.3 billion graft case against Rigathi Gachagua.
In a ruling on Thursday, November 10, 2022, Senior Principal Magistrate Victor Nakumile agreed with the prosecution that the case did not meet the threshold for a trial.
In a statement, the magistrate said that the evidence presented before the court should have been beyond a reasonable doubt to allow the case to proceed to the next level.
“There is only one logical threshold that should be the basis of charging any citizen, that is the evidence presented should be able to prove a case beyond a reasonable doubt,” he stated in Nairobi after dropping the graft case.
On the other hand, he faulted the Director of Public Prosecutions for failing to act in the interest of the administration of justice and preventing the abuse of the legal process.
“The proceeding is a testimony to the fact that DPP acted contrary to article 157 of the constitution in its entirety. One cannot prefer charges on the anticipation of evidence,” Victor Nakumile said in a statement.
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“The decision to charge must pass through the judicial partially and independently,” he added.
However, the court noted that the accused could be summoned in case more tangible evidence emerged.
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