A Kiambu court has dismissed an application by the Director of Public Prosecutions (DPP) seeking to withdraw a case in which former Presbyterian Church of East Africa (PCEA) moderator David Gathanju and two other employees of the church were charged with the theft of Sh50.9 million.
While dismissing the DPP’s request, Kiambu Senior Principal Magistrate Stella Atambo said the prosecution had failed to convince the court why it sought to withdraw the case.
The magistrate said the death of Rev Peter Kania Kariuki, one of the witnesses, was no reasonable ground to withdraw the case.
Atambo said only one witness had since testified.
The DPP had on September 4 filed an application seeking to withdraw the theft case against Gathanju and his co-accused, James Muiruri and Peter Mwangi, for allegedly stealing Sh50,940,753 belonging to the church between January 2, 2016 and June 30, 2017.