The Director of Public Prosecutions (DPP) Noordin Haji has applied to withdraw charges against Deputy President Rigathi Gachagua in the Sh7.3 billion graft case.

In his application, Haji said he wished to withdraw the case to allow the Directorate of Criminal Investigations (DCI) to conduct a further probe of the matter before submitting its findings for directions.


Haji claimed the evidence on record does not meet the threshold necessary for the successful prosecution of the case.

“I wish to withdraw the matter to allow the DCI to fully investigate the matter and submit the file for directions,” the DPP said.

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“Prosecution is saving precious judicial time by making this application. Withdrawal cannot also be done without the court considering the request and making a ruling on it.”

The Lead investigator of the case Obadiah Kuria also claimed he was pressured by former DCI boss George Kinoti to prefer the charges against Gachagua.


Senior counsel Kioko Kilukumi did not oppose the application and also opined with the evidence the prosecution has, the case would still end with an acquittal.

Other defence lawyers welcomed the idea, saying their clients were not mentioned in any context at all.

They said the application comes as a reprieve for the people who have been taking the heat on behalf of Gachagua.

“To them, application for withdrawal is a reprieve, having gone through all the hustle and taking a bullet on behalf of DP,” they said.

The court will rule on whether it will allow the DPP’s application to withdraw the case against Gachaga on Wednesday.