DPP drops bribery case against Judiciary staff after Ksh.50K evidence goes missing

The Office of the Director of Public Prosecutions (ODPP) has withdrawn a graft case against a Judiciary staff member accused of soliciting bribes after the Ethics and Anti-Corruption Commission (EACC) misplaced a Ksh.50,000 exhibit that was to be used as evidence.

According to the ODPP, Moses Gitonga Muchege, a court clerk at Marimanti Law Court, was charged with four counts of bribery, contrary to the Bribery Act.

The court proceedings commenced on June 20, 2022, with the prosecution lining up five witnesses to support the case. 

The first witness provided a testimony where he marked several exhibits, including Ksh.50,000 in Ksh.1,000 denominations for identification.

On July 24, 2023, the fifth prosecution was slated to identify the exhibit but the investigating agency revealed that the Ksh.50,000 could not be traced, hence stalling the case.

In a letter dated August 8, 2025, EACC requested the ODPP to withdraw the case since they couldn't trace the missing evidence. 

The prosecution hence, made an application before Justice Joyce Gandani to withdraw the case, which she approved.

"It was the opinion of the magistrate that the application for withdrawal before her was done within the interest of justice," the ODPP stated. 

"She noted that in the current scenario, it was better to withdraw the matter under section 87(a); should the exhibit resurface, the prosecution will have a chance to charge the accused person afresh."