Former Presbyterian Church of East Africa leaders Peter Kamuthu (left), James Muiruri (centre) and David Gathanju arraigned at a Kiambu court over theft charges, on March 26, 2019. The case is ongoing
The theft case against former Presbyterian Church of East Africa moderator David Gathanju failed to start Tuesday when prosecutors applied to amend the charges.
Rev Gathanju was the PCEA moderator from 2009 to 2015.
Rev Gathanju and two former church employees are accused of stealing Sh40 million. Senior Principal Magistrate Stella Atambo was to hear the case for three days.
Defence lawyers said the intended changes, which will see the amount increased by Sh10 million, prevented them from proceeding as they needed more time to prepare.
FRAUD
His fellow accused — Mr James Muiruri and Mr Peter Kamuthu — have already denied stealing Sh39.9 million between January 2, 2016 and June 30, 2017.
State counsels Christine Mbevi and Thomas Matwa told the court that they had instructions to amend the charges to increase the stolen amount to sh50.9 million.
Prosecutors said they would also add seven counts to charges against Mr Kamuthu.
Peter Kamuthu former PCEA Cleric
He is to be charged with forging the signatures of PCEA Secretary-General Peter Kania and Treasurer Amon Nderi at Equity Bank on January 20, December 5 and December 16, 2016, and on January 17, 2017 with the intention of defrauding the church.
DPP FAULTED
The case was to begin in November 2017 but was delayed over a litany of instructions from the Director of Public Prosecutions.
Defence lawyers Danstan Omari, John Njuguna, Kimani Wakimaa and Stanley Kangahi accuse the DPP of unwillingness to proceed with the case.
The case failed to be heard on August 7, 8 and 9, 2018 when the DPP applied for adjournment.
The lawyers accuse prosecutors of using the amendments to get an adjournment “since it is impossible for us to proceed as we require more time to prepare”.
They said they were only made aware of the changes when the case was about to begin.
FRUSTRATED
Mr Wakimaa said in the 13 times his clients have appeared in court, prosecutors always came up with excuses to have the matter adjourned.
“I believe it is the lawyers holding brief for the complainant who have been frustrating the prosecution in a bid to have Rev Gathanju in the dock for long in order to embarrass him,” Mr Wakimaa said.
Mr Omari said he had just been informed of the changes.
“There was no time to prepare my response, considering the magnitude of the offences,” he said.
The parties will agree on Wednesday if the hearing is to proceed.