A bribery case against a judiciary officer has hit a dead end after the loss of key evidence, raising the prospect of withdrawal nearly six years since it began.

According to documents obtained by hivileo.co.ke, the Ethics and Anti-Corruption Commission (EACC) has recommended to the Office of the Director of Public Prosecutions (ODPP) that the matter be discontinued, citing evidentiary gaps.

At the centre of the collapsed trial is Moses Gitonga, a judicial officer formerly based at the Marimati Law Courts in Tharaka Nithi.

Arrest and Charges

In 2019, EACC announced via its social media platforms that Gitonga had been arrested for allegedly soliciting and receiving a bribe from an individual seeking help in a defilement case. The posts have since been pulled down.

Following investigations, Gitonga was arraigned on four counts, including bribery and abuse of office.

Several witnesses took the stand, but the case soon stalled after the exhibit money allegedly used in the sting operation went missing.

Missing Exhibit Compromises Case

In official correspondence seen by hivileo.co.ke, senior EACC officer Mogare Oira admitted that the disappearance of the exhibit had severely undermined the case.

“The hearing of this case has not progressed since the fifth witness was stood down due to unavailability of the money exhibit, which could not be located during the trial,” Oira told the ODPP.

He further noted that discrepancies in the chain of custody of the missing exhibit would “likely face legal challenges by the accused person in court,” urging the prosecution to consider terminating the case.

DPP Reviews Recommendation

Sources close to the matter confirmed that the ODPP is weighing the recommendation and may soon move to formally withdraw the case.

The revelation comes amid heightened scrutiny of how corruption cases are being handled. Recently, EACC chairperson David Oginde and CEO Abdi Mohamud told the Senate Public Accounts Committee that the ODPP had been withdrawing graft cases without adequate consultation.

“The Constitution has given those powers to the DPP. He can do whatever he wants with a case,” said Mohamud, while Oginde emphasized that Kenyans expect meaningful results in the war on corruption.

Wider Context

Ironically, it is now EACC itself calling for the collapse of the Gitonga trial. The timing coincides with President William Ruto’s recent unveiling of a special multi-agency team to coordinate corruption investigations, a move he said was aimed at rebuilding public trust.

“Kenyans expect results, not excuses. Institutions tasked with fighting graft must deliver, because corruption remains the single biggest threat to our prosperity,” President Ruto stated.

The team was expected to draw representatives from multiple agencies including the Executive Office of the President, the ODPP, the Directorate of Criminal Investigations (DCI), the National Intelligence Service (NIS), and others.

However, the High Court has since suspended the unit from taking over its operations.

ODPP Renson M. Ingonga during a past event. PHOTO/ODPP.