Nyeri Governor Mutahi Kahiga and Mathira MP Rigathi Gachagua have moved to the High Court, appealing a decision to summon them as witnesses in an inquest into Governor Wahome Gakuru’s death.
Through an application filed on Monday under a certificate of urgency before Justice Florence Muchemi, the two want a review of the ruling issued by Chief Magistrate Francis Andayi on January 20.
In his decision, Mr Andayi said that the appearance of the two as witnesses would give the inquest an opportunity to get accurate facts about how Gakuru met his death.
“Moreover, all involved parties should also note that the public inquest is not a trial but a judicial inquiry meant to establish the circumstances surrounding the death,” he said.
Also ordered to appear on March 29 and 31 is Chief of Staff Paul Wambugu and County Secretary Benjamin Gachichio.
Magistrate Andayi had issued the summonses following an application by lawyer Martha Waweru, who is representing Gakuru’s family.
But in their application seeking a review of the summonses, Mr Kahiga and Mr Gachagua told Justice Muchemi that none of the witnesses presented before the inquest have mentioned them.
“Furthermore, the prosecution, in its submissions, had told the magistrate that it has no intention to summon the applicants as they have no evidence to tender,” says their lawyer Wahome Gikonyo.
They also say that because they are public figures, the summonses erode the public's confidence in them while also violating their constitutional rights.
They argue that they have no evidence to give to the court regarding the circumstances surrounding the car crash that claimed the life of Nyeri’s third governor on November 7 at Makenji on the Kenol-Nairobi highway.
They want Justice Muchemi to examine the magistrate’s court records and look into the correctness and legality of the ruling issued, saying the court dismissed their objection.
In their affidavits, Mr Kahiga and Mr Gachagua say they got to know about the accident from the media, at the same time as everyone else.
This is the second time the two are seeking a review of the summonses that were first issued by Mr Andayi’s predecessor, Chief Magistrate Wendy Kagendo.
On August 12 last year, Ms Kagendo, during a site visit at Makenji, summoned the four government officials to appear before the inquest.
This was after Gakuru’s family, in an application, said they wanted Governor Kahiga to explain a statement he made after the death.
During a requiem mass for the late governor held in November 2017 at Dedan Kimathi University, Mr Kahiga said he had warned Gakuru not to use his Mercedes Benz due to its mechanical state.
Ms Kagendo said Mr Gachagua was a person of interest in the case as a witness in a matter the county was investigating.
Lawyer Waweru, in court documents, said the late Gakuru had started investigating a case of misappropriation of public funds during the tenure of Nyeri's first governor, Nderitu Gachagua, who was a brother of the MP.
County Secretary Gachichio and Chief of Staff Wambugu were also ordered to appear as they were the ones who assigned the governor's staff, especially the driver, on the fateful day.
Earlier this year, the four government officials requested Magistrate Andayi to review the summonses from Ms Kagendo but Mr Andayi dismissed the review orders.
