Gachagua was to appear before Nyeri Principal Magistrate, Wendy Kagendo, on Thursday, September 23, to answer the queries on the crash.
He was to appear in court alongside the current Nyeri Governor, Mutahi Kahiga, but both skipped the session.
Justifying their reason for failing to show up, the two politicians said that they did not receive court orders requesting them to appear and shed light on the matter.
Magistrate Kagendo accepted their excuse giving them one month to prepare and file statements regarding the matter.
Gachagua was summoned after the court established that before the Governor’s demise, the lawmaker had called for the audit on the use of funds, some of which he was said to have misappropriated during his bother’s (the late Governor Nderitu Gachagua) era.
On the other hand, Governor Mutahi was summoned after Gakuru’s family lawyer, Mary Weru, pushed for his appearance terming him as a direct beneficiary of his demise.
However, the four police officers who attended to the scene where the late Governor’s car crashed appeared in court and recorded their statements on the inquest.
The four officers in their defense requested the court to squash the apprehension warrant that was issued against them because they honoured the summons.
The family of the late Gakuru did not oppose their plea allowing Magistrate Kagendo to quash the order for the four to be incarcerated.
The four are Sergent John Wanami, Sergent Martin Simiyu, Corporal Francis Kisavi, and Police Constable John Kivuva.
When the case came up for hearing and site visit at Makenji in the Kabati area, the four officers were nowhere to be seen prompting Prosecutor Kennedy Magoma to apply for their apprehension for disobeying the court order.
“The four officers were aware of the case, in fact, summons have been issued and as such, I apply for their warrant of apprehension for them to explain what happened in a professional manner,” said Magoma.
Other top officials who were summoned in the inquest include County Secretary Benjamin Gachichio, and county Chief of Staff Paul Wambugu.
Source: KENYAGIST.COM