Deputy President Rigathi Gachagua during the funeral service of pupils who died in the fire tragedy at Hillside Endarasha Academy, at Mweiga Sadium, Nyeri, on September 26, 2024. [Kibata Kihu, Standard]

Beleaguered Deputy President Rigathi Gachagua now says he is embarrassed over the planned arrest of three members of his staff and two MPs allied to him.

The DP is blasting the government he serves in for using the criminal justice system to manage politics.

Gachagua condemned  the plan to arrest five saying it was aimed at tarnishing his name and undermine his office.

The DP said there are attempts to associate him with the Gen Z anti-government protests between June and August, adding that he has learnt of a scheme to prefer trumped-up charges against the three staffers and the two legislators.

His remarks came on a day the Directorate of Criminal Investigations (DCI) recommended the five be investigated over allegations of planning, mobilising and financing violent protests that were recently witnessed in the country.

The police have written to the Director of Public Prosecutions (DPP) recommending charges against MPs Benjamin Gathiru Mwangi alias Mejja Donk (Embakasi Central) and James Mwangi Gakuya (Embakasi North) and three others George Theuri, Martin Ngunjiri Wambugu and Pius Munene.

But Gachagua, through his social media platforms, decried  the use of the criminal justice system to manage politics as an outdated political strategy, used in the past.

 “President William Ruto and I, on assuming office, gave an undertaking to the people of Kenya that never again shall the criminal justice system be called upon to help in the management of politics. I am embarrassed that we are back to where we were. Harassment of my office staff and Members of Parliament perceived to be close to me, has been going on for the last two months,” Gachagua lamented.

According to the DP, this evil scheme is to associate them with violent demonstrations that took place in late June, in a futile attempt to soil his name and hopefully create grounds for the mooted impeachment proceedings against him.

“Kenyans are very intelligent people. They know what factors made the people of Kenya take to the streets,” Gachagua said.

But in a swift rejoinder, Kapseret MP Oscar Sudi accused Gachagua of misleading upcoming leaders and attempts to mess up their political career.

“My boss, it is no longer a secret that you are the mastermind behind the dead-on-arrival plan to oust our President. Young people were killed in the streets, and those jailed are a result of the money you poured to sponsor demos. Yet you now claim you’re fighting for them! Save for the respect we have for your office, you belong to jail,” Sudi said on his social media platform, adding:

“Unfortunately, you’re using upcoming political leaders like James Gakuya, Alfred Keter, and Benjamin Gathiru after attempting to mess up political careers of brilliant leaders like Ichung’wah, Kimani Kuria, Cecily Mbarire and Ndindi Nyoro.”

He told the DP not to hide his ill intentions by attempting to box Mt Kenya people into a tribal cocoon, saying he is supposed to a Kenyan leader.

“Just know we are woke and wise enough not to go after the piper but the chief financier of chaos. Tuko macho mbaya sana (We are very alert). We know what you’re planning kwa hii maneno inakuja lakini tuko rada. You’re a Kenyan leader and it is a shame to dwell on usiguse murima and other stories when you know it’s about your selfish agenda and not our fellow Kenyans in Central,” Sudi said.

However, Wiper Party leader Kalonzo Musyoka defended the DP and termed it as unfortunate that, instead of consoling with the families of 21 children who perished in the tragic Hillside Endarasha Academy fire, President William Ruto is busy racking up frequent flier miles.

“Instead of addressing the Adani heist and those behind the blatant attempt to take control of key security and strategic infrastructure,” Kalonzo said while speaking in Nyeri town.

The letter from the police dated September 24 stated that the DCI director received intelligence reports  of planning, mobilizing and financing of violent protests witnessed on June 25 and subsequent days.

According to the letter by Abdallah Komesha, on behalf of the DCI director, Gathiru and Gakuya among others were implicated following several meetings that took place at Hotel Boulevard in Nairobi.

“This is an investigation into a case of conspiracy to commit a felony contrary to Section 393 of the Penal Code and soliciting or inciting others to commit offence contrary to Section 391 of the Penal Code,” read the letter.

The police said investigations into the said allegations was instituted and various investigative steps undertaken and the two MPs were summoned on July 31 and their statements recorded but declined to hand over their mobile phones for forensic examination.

The DCI have, however, said efforts are being made to obtain all financial data from Financial Reporting Centre (FRC), Safaricom and banks where the financial transactions were carried out.

The DCI wants three charges preferred against Gathiru, namely soliciting or inciting others to commit offence contrary to Section 391 of the Penal Code, conspiracy to commit a felony contrary to Section 393 of the Penal Code and money laundering contrary to Section 3, 4 and 7 of the Proceeds of Crime and Anti-Money Laundering Act.

Gakuya, Theuri, Wambugu and Munene are to be charged with conspiracy to commit a felony contrary to Section 393 of the Penal Code.

But Mejja Donk has complained of politics of intimidation saying that it was part the campaign agenda for the Kenya Kwanza coalition which it committed to do away with.

“There is still intimidation. My phone and that of Gakuya are still with DCI and they are not using them,” Mejja Donk complained, when he accompanied Gachagua to a church service earlier this month.

In their application to obtain the phones, the police claimed that Gakuya and Mejja Donk were responsible for planning, mobilizing, and organizing goons who infiltrated the protestors and caused violence.

They accused the two of being responsible for ferrying the alleged criminals from Kiambu, Juja, and Roysambu.

Chief Inspector Phillip Sang’ told court that there was information that the two MPs were in constant communication and, hence, were allegedly giving instructions.

 “The respondents were also involved in organising transport from the suburbs of Nairobi to the CBD. James Gakuya mobilised and issued orders to agents he had paid to organise violent protests,” Sang said.