The prosecution has changed tune in a case where former PCEA moderator David Gathanju and two others are charged with stealing Sh50.9 million from the church.
During the mention of the case, prosecution counsel Donnex Ongira said they will rely on a statement by former Nairobi West Equity branch manager Chebet Rotich.
“We will maintain Chebet as a witness. The other bank official who was to testify instead will not be called,” he said.
On July 4, during the hearing of the case, the prosecution had sought to recall the statement by the manager but the defence objected.
Investigating officer Paul Waweru had told the court that he did not intend to use Chebet’s statement.
He intended to call another witness from Equity Bank who would provide another statement.
Chebet's statement indicated that the Presbyterian Church of Eastern Africa secretary general Rev Peter Kania, who is the church’s second-in-command, authorised the transfer of funds.
The manager said before effecting any transfers, she would call Rev Kania to confirm whether he had sanctioned the transactions.
Chebet added that in Kania’s absence, she would call church treasurer Amon Nderi.
The manager denied conspiring with Mwangi or anyone else to defraud the church, saying everything was done above board and as per the laid down bank procedures.
She had no knowledge anyone was stealing from the church until Rev Kania went to the branch with the information, she said.
Gathanju, who served as a moderator between 2009 and 2015, is charged alongside two former employees James Muiruri and Peter Mwangi who were finance officer and communications director respectively.
The three are charged that on diverse dates between January 2, 2016, and June 30, 2017, at PCEA headquarters in Nairobi's South C Estate, they stole Sh50.9 million that came into their possession by virtue of their employment.
The three have denied the charges and are out on a Sh1 million bond.
Gathanju, through his lawyer Kimani Wakimaa, welcomed the decision to retain the evidence by the former bank manager.
He, however, registered his displeasure in what he termed as schemes by the prosecution and DCI to deliberately delay the case by seeking endless adjournments.
“Today is the 18th time we are coming for this case yet it has never commenced. My client needs a speedy justice system since he feels it is only through the court that he can get justice and be able to vindicate himself,” Wakimaa said.
Defence counsel Dunston Omari and Stanley Kangahi also supported Gathanju's sentiments.
However, the prosecution assured them the case will continue from now henceforth without a hitch. The prosecution will call eight witnesses, they said.
Kiambu senior principal magistrate Stella Atambo gave the prosecution the last chance to proceed with the case, failing which the court will take the necessary step to have the matter concluded.
The hearing will be on October 29, 30 and 31.
Edited by R.Wamochie
