Allies and aides of Deputy President Rigathi Gachagua will face various charges after the Office of the Director of Public Prosecutions approved recommendations by police over Gen-Z protests.
The ODPP agreed with police recommendations and returned a file on the probe allowing the prosection of the two Members of Parliament allied to Gachagua and three aides.
Senior Assistant Director of Public Prosecutions Vincent Monda told the Director DCI Mohamed Amin there is sufficient evidence to charge the five.
“The Inquiry file was placed before the Director of Public Prosecutions for perusal and directions. Upon careful perusal, the DPP has directed that there is sufficient evidence to charge the suspects with the offence of conspiracy to commit felony contrary to section 393 of the Penal code.
In addition, a separate inquiry file should be opened for money laundering and financial crimes related offence,” he said.
Among those to be charged include Embakasi Central Benjamin Gathiru Mwangi for 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.
Mwangi will also face charges of conspiracy to commit a felony.
Further, police recommended 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.
Gachagua has complained about what he termed as harassment from police.
Officials said the ODPP approved the charges on Thursday.
There were plans to search for the five for processing to be prosecuted.
The move has irked Gachagua saying it was part of plans to impeach him.
He said the use of the criminal justice system to manage politics is an outdated political strategy that was used in the past.
“President William Ruto and I, on assuming Office, gave an undertaking to the people of Kenya that never again shall the criminal justice system be called upon to help in the management of politics.”
“I am embarrassed that we are back to where we were. Harassment of my office staff and Members of Parliament perceived to be close to me, has been going on for the last two months,” he said.
“I have learnt of a scheme to prefer trumped-up charges against three members of my staff and the MPs for Embakasi North Hon James Gakuya and Embakasi Central Hon Benjamin Gathiru Mejja Donk.”
“This evil scheme is to associate them with violent demonstrations that took place in late June, in a futile attempt to soil my name and hopefully create grounds for the mooted impeachment proceedings against me,” he added.
He said Kenyans are very intelligent people and know what factors made the people of Kenya take to the streets.
“Kenyans also know what the real problems in Kenya are. They surely know Rigathi Gachagua is not among them. Let our agencies remain professional, follow the rule of law and keep off politics.”
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.
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.
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.
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 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.
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 took 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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