NAIROBI, Kenya, Oct 9 – Milimani Law Courts have withdrawn a Sh17.5 million misappropriation case against former Social Health Authority (SHA) boss Elijah Wachira following an application by the prosecution.
Principal Magistrate Daisy Mutai allowed the withdrawal of charges against Wachira and co-accused Robert Ingarisa on October 6, 2026, under Section 87(a) of the Criminal Procedure Code.
The court also ordered the release of cash bail deposited by the two accused persons to their respective depositors.
Wachira and Ingarisa had been charged with jointly misappropriating Sh17,591,473 allegedly belonging to SHA on diverse dates between October 2024 and May 20, 2025, at the authority’s headquarters in Nairobi.
The charge was brought under Section 48(2) of the Social Health Insurance Act in Nairobi Magistrates Court Criminal Case No. E559 of 2025.
The case also involves Arthur Otula, Rosemary Daraja and other accused persons facing various criminal charges.
Wachira had sought review of charges
The withdrawal came after Wachira’s lawyers asked the Director of Public Prosecutions (DPP) to review the decision to charge him.
In a letter to the DPP, Manyonge Wanyama & Associates LLP argued that Wachira had left SHA on November 12, 2024, and that some of the transactions cited in the charge sheet allegedly occurred after his departure.
The lawyers said their review of 2,235 pages of documents supplied by the investigating officer had not revealed any adverse mention of their client.
They cited Article 157(6)(c) of the Constitution and the 2019 Guidelines on the Decision to Charge in seeking a review of the prosecution’s decision.
The legal team argued that Wachira should not be held criminally responsible for transactions allegedly undertaken after he left the authority.
Court orders release of cash bail
In its October 6 orders, the court formally recorded the withdrawal of charges against Wachira and Ingarisa and directed that their cash bail be returned to the respective depositors.
The withdrawal applies to the two accused persons and does not terminate the entire case against the remaining suspects.
Proceedings against the other accused persons may continue, subject to further court directions.
The court order did not determine the allegations against the remaining accused persons.
