Two PCEA workers cleared in theft of Sh39.9 million

Former PCEA church moderator of the general assembly David Gathanju,James Muiruri, Esther Wanjiru, Peter Mwangi and Stephen Muhoro at a Kiambu court over the theft of Sh39.9 million, January 18, 2018. /Stanley Njenga
Former PCEA church moderator of the general assembly David Gathanju,James Muiruri, Esther Wanjiru, Peter Mwangi and Stephen Muhoro at a Kiambu court over the theft of Sh39.9 million, January 18, 2018. /Stanley Njenga

Two PCEA employees have been acquitted of charges of stealing Sh39.9 million of its money.

The theft accusations were raised against five people - David Gathanju, who is the former Moderator of the General Assembly of the Presbyterian Church of East Africa, James Muiruri, Esther Wanjiru, Peter Mwangi and Stephen Muhoro.

They allegedly stole the amount between January 2, 2016 and June 30, 2017 at the PCEA headquarters in South C, Nairobi.

The prosecution withdrew the case against Wanjiru and Muhoro, saying there was

no documentation to support the charges.

Kiambu senior principal magistrate Stella Atambo said on Thursday that there wasn't sufficient evidence.

The church's lawyer Kimamo Muchiri said hard evidence was not presented and defense lawyers did not object the acquittal.

Kimamo told the court that the church wished to pursue alternative dispute resolution mechanisms and constituted a five-member committee which will engage the accused next Tuesday at PCEA centre in Zambezi, Kiambu county.

He asked the court for three months to handle the matter.

But Gathanju's lawyer, former Justice Robert Mutito, told the court that the prosecution took long to supply them with documents used in the case, and that this was the first time the church had opened doors for negotiations.

He added: "Three months for negotiations is a long time and since the church is holding its general assembly on the first week of April, the ADR will not have been completed."

Muiruri's lawyer Stanley Kangahi welcomed the ADR as long as there is no prejudice.

Lawyer Danstan Omari, who is representing Mwangi, told the court that PCEA's push for ADR was not in good faith.

He noted the accused will be condemned and the matter subjected to public opinion.

"It is a great surprise since when we pleaded with the church not to go through with the matter, and use alternative means guided by their guidelines, they [turned us down] and my client was charged. The damage has been done yet the church now wants negotiations. I think this is not in good faith."

Omari further said the church was unilaterally summoning the accused to the negotiation table without involving their lawyers, and registered skepticism that the negotaitions will bear fruits.

The magistrate acquitted Wanjiru and Muhoro and advised that the ADR approach be taken.

The case will be heard on April 3.

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