United Democratic Alliance (UDA) running mate and Mathira Member of Parliament Rigathi Gachagua has moved to court of appeal to seek stay order and overturn Milimani Law Court Judge Esther Maina’s ruling that ordered him to forfeit the Ksh200M to state.
Reading the ruling on Thursday, 28th July, 2022, judge Esther Maina ascertained that Gachagua’s frozen proceeds in question of Ksh200M to be surrendered to the state noting they are crime proceeds.
Accusations against Gachagua
Gachagua has accused judge Esther Maina for allegedly being biased and conducting sham trail against him.
“The judgement today by Justice Esther Maina, in my case against the Asset Recovery Agency, did not come as a surprise to me and my Lawyers. The Judge was biased against us from the word go and threw caution to the wind by conducting a sham trial” said Gachagua.
He alleged that the judge Maina didn’t cross-examine the investigators of the case defying the legislator’s application. The judge is said to have refused oral evidence and ruled that all evidence should be through affidavits. She also declined Gachagua’s appeal to call for witnesses in his case to testify on how the lawmaker acquired the money.
“Against the rules of evidence, she refused our application to cross examine the Investigator in order to test the veracity of his allegations.
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 added.
In Gachagua’s statement, the judge relied solely on the allegations fronted by the state aimed at jeopardizing his candidature and counter the recent deputy presidential debate, where he believes he floored Azimio One Kenya coalition candidate Martha Karua.
“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. The Judge again declined our request to highlight our submissions against the known and accepted practice all over the world. The judgement was hastily rushed ten days before the elections in a futile attempt to undermine my candidature in the coming elections and dent my sterling performance in the running mates debate last week.” He said.
The lawmaker has instructed his lawyer to file an appeal in the court of appeal to stay the orders and aside judgement.
“I have instructed my Lawyers to immediately file an appeal in the Court of Appeal to stay the orders and set aside the judgement” stated Gachagua.