Why Dp Rigathi Gachagua has dropped his planned petition against Justice Esther Maina
Deputy President Rigathi Gachagua has decided to temporarily withdraw his intended petition against Justice Esther Maina, following his allegations of corruption against her.
In an official statement from his office, the Deputy President expressed support for the ongoing discussions on accountability between President William Ruto and Chief Justice Martha Koome.
“The Deputy President notes the current national discourse on judicial transparency and application of Article 10 of the Constitution of Kenya on the conduct of Judges and other Judicial Officers,” Gachagua said through his head of communications Njeri Rugene.
“In this regard, the Deputy President will not proceed with the matter of the petition, for now.” Rugene said.
He is encouraging all Kenyans to endorse this ongoing process. The Deputy President had initially committed to filing a petition, asserting that he possessed evidence connecting Justice Maina to corruption.
The shift in his decision comes shortly after President Ruto seemed open to Chief Justice Martha Koome’s proposal for tripartite discussions involving the Executive, Judiciary, and Legislature.
Gachagua had alleged that Justice Maina declared his wealth as proceeds of crime without affording him an opportunity to present a defense, which prompted his initial intention to file the petition.
Additionally, the Deputy President maintained that he possessed evidence linking Justice Maina to corrupt practices.
“Against the rules of evidence where who he alleges must prove, we made an application to cross examine the investigator and she refused because she knew there was no case,” he stated.
“Those Kenyans who have petitions let them file.I ask willing Kenyans to join me on Thursday so that they process this petitions,” Gachagua urged.
In July 2022, several months before the elections, Justice Maina instructed Gachagua to forfeit Sh202 million, deeming it as proceeds of corruption.
She contended that the lawmaker failed to substantiate how he acquired the funds.
The origins of the case trace back to Gachagua’s three personal accounts, where the Assets Recovery Unit identified significant suspicious debit transactions totaling Sh7.3 billion.
Expressing discontent with the ruling, Gachagua pledged to challenge the decision and accused Justice Maina of bias. He subsequently moved to the Court of Appeal seeking a stay on the orders.
In November 2022, a few months after the Kenya Kwanza Alliance emerged victorious in the polls, the Anti-Corruption Court dismissed Gachagua’s Sh7.3 billion corruption case, citing a lack of evidence.
The Deputy President criticized the Law Society of Kenya, accusing them of hypocrisy. He questioned their apparent silence during the violation of the law in the previous regime and challenged their demonstrations following President Ruto’s criticism of the Judiciary.
“It’s now time to work. When the President got to power he was very kind to the Judiciary. When President Kenyatta refused to appoint the 21 judges they never said anything, in extrajudicial killings they didn’t speak.Right now is when they are coming out,” Gachagua noted.
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Why Dp Rigathi Gachagua has dropped his planned petition against Justice Esther Maina