INTEGRITY CONCERNS

Withdraw from race, Raila tells Gachagua over Sh200m conviction

Court ordered Gachagua to forfeit the funds to State saying they are proceeds of crime.

In Summary

• Raila cited Wednesday's court ruling that ordered the Mathira MP to surrender Sh200 million to the State, funds it said he acquired fraudulently.

• Section 6 of the Constitution on Leadership and Integrity bars anyone indicted by a court of law of any crime from holding public office. 

Raila Odinga speaks during campaigns in Nairobi on Saturday, July 16, 2022.
Raila Odinga speaks during campaigns in Nairobi on Saturday, July 16, 2022.
Image: RAILA ODINGA/TWITTER

Azimio presidential candidate Raila Odinga now says UDA running mate Rigathi Gachagua should withdraw from the race on integrity grounds.

Raila cited Wednesday's court ruling that ordered the Mathira MP to surrender Sh200 million to the State, funds it said he acquired fraudulently.

"Under Section 6 of the Constitution, you cannot contest for presidency or be a presidential running mate if you have been indicted of a crime," Raila said. 

"That means Ruto has no running mate because his running mate has been found guilty of one of the most serious economic crimes in the country," he added.

Section 6 of the Constitution on Leadership and Integrity bars anyone convicted by a court of law of any crime from holding public office. 

Raila said inasmuch as Rigathsi has appealed the court ruling, he needs to step aside pending the Appellate Court's decision.

"Before he appeals, he is guilty as charged so let him withdraw," Raila said.

He spoke during Azimio la Umoja One Kenya campaign rally in Machakos town Friday.

The ODM leader was accompanied by his running mate Martha Karua, Makueni governor Kivutha Kibwana, Suna East MP Junet Mohammed, his Mombasa counterpart Hassan Joho and former Gatanga MP Peter Kenneth among a bevy of other leaders.

With just 10 days to the August 9 general election, Rigathi is battling to save the Sh200 million through the forfeiture order claiming the judge who delivered the ruling was biased.

Just hours after the order, Rigathi claimed Justice Esther Maina never gave his defence team time to make oral submissions nor present witnesses to prove how he acquired the funds under contention.

The funds are held in four accounts at Rafiki Micro Finance Bank, three of which are under Gachagua's name and one under Jenne Enterprises, Gachaguas's business associate.

While delivering the ruling, Justice Maina agreed with the Asset Recovery Agency that she was satisfied the funds are proceeds of crime and are subject for forfeiture to the State.

Gachagua dismissed the verdict as lacking impartiality. 

"The Judge was biased against us from the word go and threw caution to the wind by conducting a sham trial," Gachagua said.

"She refused my request to call witnesses to testify on how I got my money," he added.

The UDA deputy presidential candidate linked politics to the court decision alluding that it was meant to dent his commendable performance during the deputy presidential debate.

Rigathi went head-to-head against Raila's deputy running Mate Martha Karua in the debate on July 19, 2022.


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