DCI writes to DPP over plans to indict Gachagua's allies

Political tensions in government went a notch higher on Thursday, with Deputy President Rigathi Gachagua accusing President William Ruto of using the criminal justice system to push for his impeachment and manage politics — contrary to a promise he made during the 2022 election campaigns.

Mr Gachagua’s accusation came after it emerged that the Directorate of Criminal Investigations (DCI) was seeking to have sitting and former MPs allied to the DP and a number of his staff charged over June anti-government protests.

In a letter to the Director of Public Prosecutions (DPP), DCI’s Abdalla Komesha stated that their investigations revealed that Embakasi North MP James Gakuya and Embakasi Central MP Benjamin Gathiru Mejja Donk had a hand in the demonstrations.

Others implicated in the case include former Embakasi West MP George Theuri, former Nyeri Town MP Wambugu Ngunjiri, and Mr Gachagua’s private secretary Pius Munene.

A month ago, the five suspects were grilled by the DCI — once again igniting political tensions in the country after Mr Gachagua protested that all the actions targeting the five were an onslaught against him.

"The Director, Directorate of Criminal Investigations, received intelligence reports of planning, mobilising and financing of violent protests that were witnessed in the country on 25th June and subsequent days where Benjamin Gathiru Mwangi and James Gakuya among others were implicated following several meetings that took place at Hotel Boulevard within Nairobi," the letter dated September 24 reads in part.

The charges

The DCI has proposed three charges against the lawmakers— including conspiracy to commit a felony, soliciting or inciting others to commit an offense, and money laundering, contrary to Sections 3, 4, and 7 of the Proceeds of Crime and Anti-Money Laundering Act.

If the Office of Director of Public Prosecutions (ODPP) approves the charges as prosecutable, the five suspects in DCI's list will be charged. 

"Efforts are being made to obtain all financial data from Safaricom and banks where financial transactions were carried out," Mr Komesha said in his public disclosure of intent to charge.

The charges come barely a week after DCI Director Mohamed Amin shuffled top detectives across the country. This is after the DCI leadership in Nairobi was accused by President Ruto's loyalists of dragging their feet in nailing Mr Gachagua, with a top officer at Vigilance House telling Nation.Africa that interventions were made that have seen change of guard enacted.

Following the September 19 changes by Mr Amin, the new Nairobi Regional Criminal Investigations Officer (RCIO) is Benson Kasyoki, replacing Mr Njeru Nthiga.

Mr Kasyoki was shopped from Mt Kenya East while Mr Nthiga was moved to Western region in the same capacity. The new Eastern RCIO is Benard Korir who was transferred from Western.

Political weapon in Mt Kenya

The protests that the president had branded "treasonous plot whose criminal masterminds must be investigated and brought to book” have since become a political weapon in Mt Kenya against Mr Gachagua.

The demos that lasted a month were to later turn chaotic with looting, arson and physical violence that in turn were responded to by police through extrajudicial killings, abductions, enforced disappearances and persecutions.

At least 60 people were killed and more than 1,200 injured in the clashes that saw invasion of Parliament by mobs, according to reports by human rights lobbies.

In a statement on social media platforms on Thursday, Mr Gachagua alleged that Dr Ruto and Cabinet secretaries close to the president were using DCI and the office of the DPP to haunt him out of government.

“The use of the criminal justice system to manage politics is an outdated political strategy that was used in the past. 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,” Mr Gachagua said.

“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.”

Mr Gachagua said "this act of aggression is directed at the Mountain people and aimed at portraying them as criminals hellbent to overthrow a government that they very wilfully put in office".

Mr Gachagua who also is facing threats of impeachment, isolation and replacement ahead of 2027 lamented that "President 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". 

Mr Gachagua said he is embarrassed that the country is back to where it was during demagogic rule of the past.

"The harassment of my office staff and members of parliament perceived to be close to me, has been going on for the last two months... Kenyans are intelligent... They know what factors made the people of Kenya to take to the streets... Kenyans also know what the real problems in Kenya are and they surely know Gachagua is not among those problems".

During last month's media interview, Mr Gachagua said he felt harassed by attempts to link him to the mayhem, accusing the National Intelligence Service (NIS) as the mastermind in nailing him.

"I demand that the spy master issue a public statement on the Gen Z's violent protests. I will no longer accept his rumours that do not even appear to know where to apportion blame. They are groping in the dark by blaming Russia, Ford Foundation and Mt Kenya region tycoons. They must now tell us who is who," he said.

He also demanded that Laikipia East MP Mwangi Kiunjuri record a statement regarding his July 25, 2024 claims that Mt Kenya leaders known to him financed the 25,000 claimed hooligans.

"Mr Kiunjuri must tell us how he counted the said hooligans, how he determined their tribes, how they were transported and by what means and the number plates and what evidence he has about their financiers," Mr Gachagua said.
On Thursday, Kikuyu Council of elders Chairman Wachira Kiago said "it is interesting happening that they want to charge the five".
While he said the elders do not condone any act that might distsbilise the country's peace, he said in the same breath elders won't entertain political persecutions to be rolled out in the region.

"If they must charge them, we expect them to prove their case beyond reasonable doubt failure to which we will draw a conclusion that the president's government has thrown Mt Kenya under the bus and we reiterate that we are not short of options," he said.

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