Former PCEA officials reject evidence swap in case against them

Defence lawyers in the Sh50.9 million theft case against former PCEA moderator David Gathanju have opposed the replacement of a bank statement.

The lawyers led by Dunstan Omari strongly objected to the application by the prosecution to have a statement recorded by Rotich Chebet, a former manager at the Equity Bank Nairobi West branch, replaced with another one yet to be supplied to them.

Gathanju is charged alongside James Muiruri Njane and Peter Mwangi Kamuthu, both former employees of the same church.

While opposing the application, Omari told Kiambu senior principal magistrate Stella Atambo that the move by prosecution to replace the earlier witness statement recorded by Chebet was brought to delay the case since the statement implicated the church's current secretary general Peter Kania. 

According to Chebet's statement already supplied to the defence, Kania, who is also a complainant in the case, authorised the transfer of the church funds.

The lawyers confirmed receipt of a copy of Chebet's statement ready to cross-examine her.

They said they cannot proceed with the case without first being given the name of the person the prosecution was going to replace with Chebet.

However, the state prosecutor sought leave to consult his Kiambu boss Tom Imbali before replying to the defence objection. 

The magistrate granted prosecution until July 19 when the matter will return to court for further direction.

In Chebet's statement recorded during investigations by detective Paul Waweru, she said she verified the signatures on the transfer of church funds before effecting transfers from one account to the other. She also says she confirmed from Kania as per bank procedure. 

Chebet says Kania at one point informed her that money was being stolen but she questioned him since most of the cheques were signed by him. She said Kania told her that some times he signed in a hurry. 

Another witness Jane Kiarie who is an accountant at PCEA was stood down after defence lawyers objected the production of bank statements she reported having seen during the investigation. She was the first witness the prosecution had called to testify. She only identified the documents without producing them as evidence.

However, the magistrate stood her down until Thursday when she is expected to be cross-examined by the defence after going through all the witness statements. 

The charges against the accused persons state that on diverse dates between January 2, 2016, and June 30, 2017, at PCEA head office at South C Estate in Nairobi, the three conspired to steal Sh50,940,753 belonging to the church. 

They also face forgery charges which state that on January 20, 2016, at Equity Bank, Nairobi West, they forged signatures on an Equity Bank funds transfer form purporting it to be genuine signatures of Peter Kania Kariuki and Amon Nderi Ng'ang'a, with intent to defraud. 

Gibson Kamau Kuria, who is holding brief for the church, was not present as he was said to be unwell.

A number of senior church officials who have already recorded statements with police are also set to be witnesses. The accused persons are each out on Sh3 million bond. 

Edited by R.Wamochie 

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