Gachagua to Appeal High Court Ruling to Forfeit Sh200 Million to Gov’t, Says the Judge was Biased

Mathira MP Rigathi Gachagua has instructed his attorneys to file an appeal against a High Court judgment ordering him to forfeit Sh200 million to the government.
In a social media post on Thursday, Gachagua said the ruling by Justice Esther Maina did not come as a surprise to him and his lawyers, adding that the judge was biased from the word go and “threw caution to the wind by conducting a sham trial.”
He further claimed that the judge refused their application to cross-examine the investigator in order to test the veracity of his allegations in violation of the rules of evidence.
“She ruled that all evidence should be through affidavits and rejected oral evidence. She refused my request to call witnesses to testify on how I got my money,” he wrote.
“The judge again declined our request to highlight our submissions against the known and accepted practice all over the world…She has made a ruling relying solely on the allegations by the State without giving us an opportunity to put the allegations to test as per the known practice all over the world.”
Gachagua, who is the UDA party presidential running mate in the August 9th elections, added that the judgment was hastily rushed 10 days before the elections in a futile attempt to undermine his candidature in the coming elections and dent his sterling performance in the Deputy Presidential debate last week.
“I have instructed my Lawyers to immediately file an appeal in the Court of Appeal to stay the orders and set aside the judgment,” said Gachagua.
On Thursday, Justice Maina ruled that the first-term MP failed to explain and prove how he obtained the funds from government agencies.
"Indeed he admitted he received from government agencies...there was nothing to show of the contract has had been awarded a tender by that ministry...," judge Maina ruled.
Justice Maina noted that there was no evidence that Gachagua executed the contract in order to obtain the funds. The court further rejected the argument that the Sh200 was in a fixed account.
The money held in three bank accounts at Rafiki Microfinance Bank was frozen in 2020 following an application filed by the Assets Recovery Agency (ARA) which argued that Gachagua could not explain the source of the funds. One of the accounts is holding Sh165 million while the other two have Sh35 million and Sh773,228 respectively.
Comments
These parasites kunguni have…
Permalink
These parasites kunguni have suck all the blood from kenya economy and they still want more! They need to have their balls roasted in hell. Waizi wakubwa looking to head Kenyan presidency? Wakenya fungueni macho na mtumiye akili. Ruto & rigathi should and will not rule Kenya. The worst human beings ever, worse than all the other Kenyan thieves combine!!!
He make 200 times if Ruto…
Permalink
He make 200 times if Ruto king of corruption is president
High PROBABILITY at SRILANKA WILL BE JUST SMOKE NOT FIRE
Mwizi ni mwizi. Gachagua and…
Permalink
Mwizi ni mwizi. Gachagua and Ruto are thieves. Every body in UDAku is a thief. Kenya 🇰🇪 yetu kwisha if Ruto is elected. Voters reject ufisadi on 8/9/22. Save your country from the jaws if 2 thieves.
Gachagua can appeal a…
Permalink
Gachagua can appeal a 100000000 x 10090009 but he is still a thief; the UDAku thieves live by extending court cases. You can go to the court of appeal of the Moon but you are still a thief Rigathi and they will hold Rigathi accountable.
Ndugu Gachagua: Kwa nini…
Permalink
Ndugu Gachagua:
Kwa nini wewe unaweza kujiunga kuwa makamu wa rais na mtu (Samoei) ambaye amemdharau rais wa nchi wazi na kutumia mali ya umma kwa miaka minne kugombea urais bila kufanya kazi yake kama makamu wa rais? Kwa nini unaandamana na mtu ambaye amejaa matusi, kuwadharau watu wengine ambao fikira zake na zao zinatofautiana? Kwa nini unaandamana na mtu ambaye ametumia nafasi ya kuwa makamu wa rais na kutumia askari wa taifa kuyalinda mali yake bila kufanya kazi yoyote?
Nimeuliza na kuandika hapa mara nyingi na kutaka kujua kwa nini Samoei mpaka sasa hajajishughulisha au kujitahidi kuwanasa wote waliohusika kuwachomea watu 37 (wazee, watoto, na akina mama) katika kanisa la Kiambaa huko Eldoret zaidi ya miaka 14 iliyopita na mpaka sasa, sijapata taarifa yoyote kutoka kwake?
Kwa vile wewe uko karibu sana naye, nakuomba umuulize kwa nini hajajitahidi hata dakika moja kuwanasa wahalifu wa Kanisa la Kiambaa? Nakuomba umwuulize atuambie kwa nini amenyamaza hivyo kuhusu janga la Kiambaa?
WanaSiasa ni kama MaWakili…
Permalink
In reply to Ndugu Gachagua: Kwa nini… by Imara Daima (not verified)
WanaSiasa ni kama MaWakili. WanaPingana na kuGombana haDharani mchana; na Usiku wanaKula, Kunywa, na Kukejeli pamoja. Hawa wawili Hata ni Kama Malaya wa: Nipe niKupe (Kama Kupe) hadi Ufe.
Where is @Asista hising…
Permalink
Where is @Asista hising after it has dawned on him that Ruto has lost the elections??
Add new comment