The Milimani Anti-Corruption Court has dismissed an application filed by the Office of the Director of Public Prosecutions seeking to withdraw a graft case involving multiple suspects of forgeries of academic certificates.
In the ruling delivered on Monday upholding the Ethics and Anti-Corruption Commission’s objection to the withdrawal, Chief Magistrate Ondieki said that the DPP did not provide convincing reasons why the accused person should not be prosecuted.
“This Application has failed to surmount the threshold for withdrawal from prosecuting the accused, and this Court consequently declines to grant the Application to withdraw under section 87(a) of the CPC,” the ruling read.
In its Affidavit opposing the withdrawal, EACC had told the Court that 14 out of the 15 listed witnesses had already testified with only the Commission’s Investigating Officer remaining.
The accused person, Gabriel Bukachi Chapia, is charged with forging both his Bachelor's and Master’s Degree certificates and using the same to secure employment at senior level in three public institutions.
The institutions include ICT Manager at the Moi Teaching and Referral Hospital in 2009, ICT Manager at the Kenya Investment Authority in 2010 and a Ward Administrator at the Nairobi City County Government in 2014.
In his application to withdraw the case, the DPP had cited a request from the accused person to review the decision to charge him.
But in an Affidavit filed in Court on Monday, November 4, 2024, EACC urged the court to dismiss the DPP’s move terming it “arbitrary, capricious, abuse of prosecutorial power and a complete disregard of public interest”.
In its Court papers, EACC had argued that the withdrawal was in bad faith since before granting the consent to prosecute in 2020, the DPP had independently reviewed the investigation file and concurred with EACC that there was sufficient and watertight evidence to prosecute the accused.
Further, by producing 14 out of the 15 witnesses over the years, DPP had remained consistent that the accused person deserved prosecution until he took a u-turn when only one witness was remaining to close the case.
In its plea to the Court to rescue the case by not allowing the DPP’s Application, EACC further argued that the DPP’s powers should at all-time be exercised constitutionally, with due regard to the interest of the public and not to be an obstacle to justice.
EACC stated that its investigations established that the accused person forged certificates including a Bachelor of Science (Computer Science) Degree Certificate purported to have been issued by Maseno University on November 26, 2002, upon inquiry from the University, EACC established that the Certificate was forged and accused was never a student at the University.
EACC also established that the accused had forged a Masters Degree in Information Technology (IT) Certificate purported to have been issued by Daystar University on November 24, 2009.
EACC said Daystar University told the Commission that the Master of Information Technology Certificate No. 030475 was not issued by them and that the university does not offer such a Course.
EACC further argued that using the forged academic certificates, the accused person allegedly fraudulently secured employment in the public service and earned salaries totalling Sh9,790,694 from three public institutions which EACC wants recovered in full.
With this ruling, the trial is expected to continue.
