Kiambu court has dismissed an application by the Director of Public Prosecutions (DPP) Noordin Haji seeking to withdraw a case in which former Presbyterian Church of East Africa (PCEA) head is accused of stealing over Sh50 million.
David Gathanju is accused of colluding with two other employees to defraud the church.
Kiambu Senior Principal Magistrate Stella Atambo dismissed DDP request on grounds that he had failed to convince the court why his office sought to withdraw the case.
DDP wanted to withdraw the case on grounds that one witness Rev Kania Kariuki had passed away.
Atambo said that was not a reasonable ground to withdraw the theft case adding that only one witness had since testified.
The prosecution had on September 4 filed an application seeking to withdraw the theft case against Gathanju and his co-accused, James Muiruri and Peter Mwangi.
The three stole upto Sh50,940,753 belonging to the PCEA church between January 2, 2016 and June 30, 2017.