Nyeri Governor Mutahi Kahiga and Mathira MP Rigathi Gachagua want to be removed as witnesses from an inquest into the death of governor Wahome Gakuru.
When the case was mentioned on Monday before Chief Magistrate Francis Andayi, the duo denied being involved in the accident that killed Gakuru on November 7, 2017 at Makenji on Nairobi-Kenol highway.
Through lawyer Wahome Gikonyo, the two alongside Chief of Staff Paul Wambugu and County Secretary Benjamin Gachichio, who had also been summoned, told the court that they had nothing to do with the case as none of the witnesses who have testified at the inquest have mentioned them.
Mr Gikonyo urged the court to dismiss the summons, dated August 12, saying they lacked a basis.
“Even if the witnesses were called to testify before the inquest there will be nothing to respond to because they have not appeared anywhere in the previous inquest proceedings,” he said.
Witness statements produced in court from the four people showed that they only got to know about Gakuru’s car crash at the same time as everyone else.
They told the court they found out about the accident from the media.
The court had ordered Governor Kahiga to appear before the inquest panel to explain a statement he made after Gakuru’s death.
Warned of car
During a requiem Mass for the late governor at Dedan Kimathi University in November 2017, Mr Kahiga said he had warned Gakuru not to use his Mercedes Benz due to its mechanical state.
Mr Kahiga was quoted saying: “Up to today I keep asking everybody who bothers to listen, how did Wahome Gakuru find himself outside Nyeri when we agreed with him that the vehicle was faulty and he had told me three to four times, ‘My brother, hii gari ndio itaniua (this car will kill me one day).”
And Mr Gachagua was a person of interest in the case because he is a brother of Nyeri’s first governor, Nderitu Gachagua, and could be easily linked to his businesses.
According to Ms Martha Waweru, who represents the late governor’s family, Gakuru had started investigating a case of alleged misappropriation of public funds during Gachagua’s tenure.
The family says Gakuru had ordered an audit in his efforts to recover the money.
Mr Gahichio and Mr Wambugu were summoned as they were the ones who allocated the governor’s staff, specifically the driver, on the fateful day.
The case continues on November 15. BY DAILY NATION