New twist as state drop charges against two in Sh39 million PCEA theft case

From left former PCEA Moderator David Gathanju,Muiruri Njane,Esther Wanjiru,Peter Mwangi and Stephen Muhuro at Kiambu Law courts. [Photo by Kamau Maichuhie/Standard]

The case in which former Presbyterian Church of East Africa (PCEA) moderator David Gathanju is charged alongside four others with theft took a new twist after charges against two suspects were withdrawn.

The five had been accused of stealing Sh39 million from the church.

Prosecutor Lydia Maari yesterday told Kiambu Senior Principal Magistrate Stella Atambo they had no evidence against Esther Wanjiru and Samuel Muhoro.

“After looking at the exhibits and the evidence before us, we are convinced they cannot support the case against the two and we therefore want to withdraw the charges against them,” Ms Maari told the court.

Rev Gathanju, who served as the moderator of the PCEA General Assembly between 2009 and 2015, was in October last year charged with stealing the money from the church.

Also charged alongside Gathanju are Peter Mwangi and James Muiruri; all former employees of the church.

They are accused of conspiracy to steal the money on diverse dates, between January 2, 2016 and June 30, 2017, at PCEA headquarters in Nairobi's South C estate.

In a second count, they are accused of stealing Sh39.9 million, which came into their possession by virtue of their employment.

In November last year, the prosecutor indicated they had adequate evidence to sustain a case against the accused.

Lawyer Kimamo Muchiri said the church wished to settle the matter out court. “The church has appointed a team to come up with a solution.” The hearing will start on April 3.