In a formal communiqué to the Directorate of Criminal Investigations (DCI) head Mohamed Amin, DPP Renson Ingonga highlighted that there is sufficient evidence to prosecute the suspects for conspiracy to commit a felony, as stipulated under Section 393 of the Penal Code.
Additionally, the Office of the Director of Public Prosecutions (ODPP) instructed that a separate investigation file be opened to address money laundering and financial crimes, with the results of this inquiry to be forwarded back to Ingonga's office.
“The inquiry file was reviewed by the Director of Public Prosecutions, who, upon thorough examination, has determined that there is adequate evidence to charge the suspects with the offense of conspiracy to commit a felony under Section 393 of the Penal Code,” stated Ingonga.
Ingonga's directive follows a day after DCI Chief Amin brought charges against Embakasi North MP James Gakuya and Embakasi Central MP Benjamin “Mejja Donk” Gathiru.
The two lawmakers are accused of orchestrating and inciting demonstrations during recent anti-government protests across the country. Intelligence reports pointed to their involvement in organizing the unrest, with detectives alleging that the MPs held several strategy meetings at a well-known hotel in Nairobi.
Charges against them include:
Soliciting or inciting others to commit offenses under Section 391 of the Penal Code.
Conspiracy to commit a felony under Section 393 of the Penal Code.
Money laundering, contrary to Sections 3, 4, and 7 of the Proceeds of Crime and Anti-Money Laundering Act.
“Efforts are underway to retrieve all financial data from the Financial Reporting Centre (FRC), network providers, and banks involved in these transactions,” the DCI noted.
On July 31, both Gakuya and Gathiru were summoned to record their statements, but attempts to access their mobile phones for forensic analysis were unsuccessful as the MPs refused to submit their devices.