• The PCEA has raised concerns with Director of Public Prosecutions, Directorate of Criminal Investigations and Inspector General of Police
• The church wrote twice to the concerned authorities with no response.
Image: FILE
The Presbyterian Church of East Africa has said there is a plan to cause a mistrial in a case where a former senior cleric is charged with defrauding the church Sh50 million.
The PCEA has written twice to the Office of Director of Public Prosecutions (ODPP) to demand that the typographical and clerical errors in the charge sheet be corrected.
The letters, which the Star has obtained, were copied to the Directorate of Criminal Investigations boss George Kinoti, and the Inspector General of Police.
The first letter dated June 20 was received at the ODPP a day later. The church wrote a reminder letter to the DPP on October 3 and it was received on October 4.
“I am apprehensive that unless the issues raised in my letter are fully addressed, the trial will be a futile exercise and the church will be denied justice.
“Kindly update as the matter is now scheduled for a full hearing this month on 29th, 30th and 31st said the letter to the DPP.
Former Presbyterian Church of Eastern Africa moderator David Gathanju and two others- James Njane and Peter Kamuthu were charged with transferring Sh50,940,753 from a church account illegally.
Gathanju was the PCEA moderator from 2009 to 2015.
Court documents say the three committed the offence at PCEA headquarters in Nairobi's South C estate, on diverse dates between January 2, 2016, and June 30, 2017.
They appeared before Kiambu senior principal magistrate Stella Atambo, denied the charges and are out on Sh3 million bond each.
The letter indicates that the errors mean Muiruri, a former finance officer would be facing charges that ought to be pressed against Mwangi- a former director of communications at the church.
“Typographical/clerical error on the charge sheet whereby 3rd accused (Peter Mwangi Kamuthu) is charged with counts of forgery, counts 3-12 instead of the 2nd accused (James Muiruri Njane),” the letter reads.
It further says that the various application forms for transfer of funds which are to be produced as exhibits in support of these counts show the 2nd accused (James Njane) as the author of all.
“The witnesses listed are familiar with his handwriting” added the letter.
Several senior church officials who have recorded statements with police are set to testify.
The church said proceeding with the hearing of the case without review or overhaul of the current charge sheet would not achieve justice but a futile exercise.
It further said more counts could not be preferred because no more than 12 counts should be laid on the same charge sheet.
“This means all offences disclosed by the investigations have not been exhausted, several are not captured,” it added.
Other charges state that with intent to defraud, the accused forged signatures of Peter Kariuki and Amon Ng'ang'a on a funds' transfer form at Equity Bank in Nairobi West on January 20, 2016.
Former Nairobi West Equity branch manager Chebet Rotich in her statement denied conspiring with Mwangi or anyone else to defraud the church.
Rotich said everything was done above board and as per the laid down bank procedures.
She said she had no knowledge anyone was stealing from the church until PCEA secretary general Peter Kania went to the branch with the information.
(edited by O. Owino)