The Director of the Public Prosecution (DPP) Noordin Haji has maintained that his office will pursue Rigathi Gachagua’s graft case should he become the next Deputy President.
Speaking on Monday May 16, Haji stated that Gachagua’s case will still be active and the only person who cannot be convicted is the President.
“(If he becomes the DP), it will not affect his case. We will still continue with the case. The only person who is not taken to court is the President,” said Haji.
He added that the politician was currently free to pursue public office and would be prohibited only if convicted of the crime.
Gachagua was accused of laundering up to Ksh7.3 billion in 2021, but he pleaded not guilty to all accusations.
Gachagua was accused of laundering up to Ksh7.3 billion in 2021, however he pleaded not guilty to all allegations. Additionally, he was asked to explain how he acquired more than Ksh 200 million in his accounts that have been frozen.
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However, the first term MP maintains that the lawsuit was politically motivated and would not yield to pressure.
“Those are allegations and an allegation is not a conviction. The Kenyan constitution is very clear that you can only be barred from political office when you have been convicted and you have exhausted the mechanisms offered by law for appeal. I made my money during the reign of President Mwai Kibaki, like many Kenyans,” Gachagua said.
According to Human rights lawyer Harun Ndubi Gachagua may be barred from holding office should he be found guilty.
“If he is found guilty, there will be a sentence then he will lose his office of Deputy President because you can’t seek or hold a public office if you have been jailed (for a period of six months or more) or impeached from public office. The President will then seek another deputy but he will have to go to Parliament for approval,” He says.