• Errors mean former finance officer would face charges meant to be pressed against a former director of communications.
• CHurch fears case will not be fair if the changes are not made.
Image: FILE
The Presbyterian Church of East Africa wants typographical and clerical errors in Sh50 million fraud case corrected before the hearing begins.
The church has written to Office of DPP over the errors in the charge sheet fearing the case might collapse if issues are not addressed.
PCEA has also written to Director of Criminal Investigations George Kinoti and Inspector General of Police Hillary Mutyambai.
The first letter to was written on June 20 and was received at the ODPP a day later. The church wrote a reminder letter to the ODPP 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 the full hearing on October 29, 30 and 31," the letter reads.
Former church moderator David Ritho Gathanju and two others-James Muiruri Njane and Peter Mwangi Kamuthu-have been charged with transferring Sh50,940,753 from the church account illegally.
Rev Gathanju was the PCEA moderator from 2009 to 2015. The three are said to have carried out the fraud at PCEA headquarters in Nairobi's South C estate, on diverse dates between January 2, 2016, and June 30, 2017.
They denied the charges before Kiambu senior principal magistrate Stella Atambo and are out on Sh3 million bond each.
The letter indicated 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.
The letters indicated that the church is in a dilemma over the mix up in charges. “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 indicates that the various application forms for transfer of funds, which are to be produced as exhibits in support of these counts, show that Njane is the author of all of them.
“The witnesses listed are familiar with his handwriting,” the letter adds.
A number of 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.
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."
Other charges state that with intent to defraud, the accused forged signatures of Peter Kania Kariuki and Amon Nderi Ng'ang'a on 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, saying 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 Rev Kania went to the branch with the information.
Edited by R,Wamochie