Police want top aides and allies to Deputy President Rigathi Gachagua be charged with various offences over the Gen Z protests.
The Directorate of Criminal Investigations forwarded the probe file into the issue to the Office of the Director of Public Prosecution on September 24 and recommended the top aides and allies to be charged with among others conspiracy to commit a felony.
Among those to be charged if the DPP agrees with the recommendations include Embakasi Central Benjamin Gathiru Mwangi who police want to be charged with soliciting or inciting others to commit offense contrary to section 391 of the Penal code and Money laundering contrary to sections 3, 4 and 7 of the Proceeds of Crime and Anti-Money Laundering Act.
Police also want Mwangi to face charges of conspiracy to commit a felony.
Further, police want Embakasi North MP James Mwangi Gakuya former MP who is now an aide to DP George Theuri and other aides Martin Deric Ngunjiri Wambugu and Pius G. Munene to be charged with conspiracy to commit a felony.
Wambugu works as a political advisor in the office of the DP while Theuri now works as the youth advisor in the office of the DP.
Munene wa Mumbi is the private secretary of the DP.
This will be another step and an indication of the deteriorating relationship between the DP and his boss William Ruto.
Gachagua has complained about what he termed as harassment from police.
Deputy Director of DCI Abdalah Komesha told the ODPP the file was an investigation into a case of Conspiracy to commit a felony Contrary to Section 393 of the Penal Code and Soliciting or inciting others to commit offence contrary to Section 391 of the Penal code.
He said the Director, the Directorate of Criminal Investigations received intelligence report of planning, mobilizing and financing of violent protests that were witnessed in the country on 25th June 2024 and subsequent days where Benjamin Gathiru Mwangi alias (Mejja Donk) Member of Parliament for Embakasi Central and James Mwangi Gakuya Member of Parliament for Embakasi North among others were implicated following several meetings that’s took place at Hotel Boulevard within Nairobi.
“Investigation into the above allegations was instituted and the following investigative steps undertaken.”
“The two Members of Parliament were summoned on 31st July 2024 and their statements recorded. However, they declined to hand over their mobile phones for forensic examination, necessitating a court action,” he said.
An analysis of the communication of the mobile phones showed they communicated with the suspects during the demonstrations.
Komesha said efforts are being made to obtain all financial data from FRC, Safaricom and banks where financial transactions were carried out.
The ODPP is analyzing the file before he makes a decision on the matter, officials said.
It comes in the wake of plans to impeach the DP over among others violations of the laws.
He has denied the claims and termed it a political betrayal.
Gakuya has denied the claims.
“Anybody with any evidence, any fact, of whatever misdeed we did, should come very clear and tell us this particular day we financed this or mobilized that…these are the things they should table,” said Gakuya.
Mejja Donk added: “We were also asked whether we were buying t-shirts and water, of which I believe that this is just political.”
The two legislators who have been seen as Gachagua’s fiercest defenders termed their woes as a witch-hunt and ploy to settle political scores.
“They should stop witch-hunting people by painting them as followers of somebody, because we’re not, we’re members of UDA and we’re loyal to both of them,” stated Gakuya.
Donk noted: “They summoned us because we’re supporters of the deputy president. We’re asking, when did we have two parties?”
President William Ruto had previously termed the Gen Z-led demos as a peaceful process that had been hijacked by organized criminals, promising to bring the financiers to book.
The events also come amid speculation of a possible impeachment motion against DP Gachagua, whose fate now hangs in the balance, after his top honchos were questioned.
The High Court had issued orders stopping the police from arresting or detaining the two MPs.
They moved to court through lawyers Dunstan Omari and Shadrack Wambui.
Justice Chacha Mwita issued the orders stopping the arrest and detention of the two lawmakers.
“In the meantime, a conservatory order is here by issued restraining the respondent, their agents or servants from arresting, detaining, confining, pursuing and or in any other way interfering with the petitioners’ liberty in connection with the allegations giving rise to this petition,” Justice Mwita said in the orders dated August 5, 2024.
“Our clients were summoned by the DCI where they were questioned for several hours over alleged sponsoring of the youths against the government in the city, this is wrong given that those youths were exercising their rights under the constitution to question the government accountability,” said Omari.
Omari argued that his clients are being intimidated by the security agents because of their relationship with deputy president Gachagua who is seen to be at a crossroads with Ruto.
“This is purely a political witch hunt, just because they are friends with the deputy president.I think we are going back to dark days where such institutions were being used to intimidate others, Gachagua is actually where President Ruto was there then as the Deputy president,” added Omari.
Police are investigating their alleged role in financing the violent protests and looting of businesses in Nairobi and parts of Central Kenya.
Police claim the individuals organized goons who raided shops and other premises to loot as Gen Z staged protests in the city.
Dozens of people who participated in the protests, especially on June 25 have been charged with various charges.
The protests were initially peaceful before goons invaded and started to loot property.
The mainly Gen-Z-led demonstrations have taken the government by surprise, with President William Ruto declining to sign the bill.
Discontent over the already high cost of living spiraled into nationwide protests, sparked by proposed tax hikes in the annual finance bill, which was rejected.
Protest organisers called for the police to be held accountable for the shooting incidents.
More than 60 people were killed and 400 wounded in the chaos.
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