By
Court Reporter
Nation Media Group
A Milimani court has rejected an application by the Director of Public Prosecutions (DPP) seeking to withdraw charges against a former Nairobi County employee accused of forging academic certificates to secure jobs. Principal magistrate C. N Ondieki dismissed the application by the DPP Renson Ingonga, seeking to withdraw the charges against Mr Gabriel Bukachi Chapia, saying the move was not made in the public interest, the interests of the administration of justice or the need to prevent or and avoid abuse of the legal process. “For this reason alone, I, consequently, decline the invitation,” said the magistrate. The Ethics and Anti-Corruption Commission (EACC), which investigated the case, had opposed the application saying it was not in public interest to terminate the case. The DPP said in the application he considered the fact that Mr Bukachi claimed that he has the qualifications which are the subject of the charges, and there was the need to withdraw the charges and pursue further investigations. Read: Over 2,000 forged academic papers used to secure state jobs - report . According to the prosecution, it was in the interest of justice to withdraw the case rather than cause a miscarriage of justice. The magistrate, however, ruled that contrary to the claims by the DPP, the application was based purely on the request by the accused persons, for review of the decision to charge and not new evidence as alleged. “Consequently, this court reaches a conclusion that the consideration, reason and evidence advanced in support of this application has failed to generate persuasion in my mind that it passes the article 157(11) of the Constitution test of public interest, of administration of justice and abuse of the legal process,” said the magistrate. While opposing the case, the EACC pointed out that 14 witnesses had testified in the case and the investigating officer was the only remaining witness. “The subject matter of the suit is not a dispute between private individuals but genuine public wrongs where legal action was initiated for enforcement and advancement of constitutional justice and public interest,” Mr Daniel Tipape, an EACC investigator said in an affidavit. Read: List of shame: State agencies leading in staff with fake academic papers. The anti-graft body said Mr Bukachi earned a total of Sh9.7 million from three public institutions using forged documents. Mr Bukachi was charged on November 6, 2020, with 16 counts of forgery, giving false information and uttering false documents to secure employment. He is charged with forging both his Bachelor's and Master’s degree certificates. He is alleged to have used the documents to secure employment at the senior level as ICT manager at Moi Teaching and Referral Hospital and Kenya Investments Authority and Ward administrator at the Nairobi county government. skiplagat@ke.nationmedia.com
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