A Nairobi court has withdrawn charges against former Social Health Authority (SHA) chief executive Elijah Wachira over the alleged misappropriation of Sh17.59 million, following an application by the prosecution.
Milimani Principal Magistrate Daisy Mutai allowed the withdrawal against Wachira and Robert Ingasira, the fifth accused person, on October 6, 2026, under Section 87(a) of the Criminal Procedure Code. The court also directed that the cash bail deposited by the two accused persons be released to their respective depositors.
The charges were filed in Nairobi Magistrates Court Criminal Case No. E559 of 2025, in which Arthur Otula, Rosemary Daraja and other accused persons faced various criminal charges.
According to the charge sheet, Wachira and Ingasira were accused of jointly misappropriating Sh17,591,473 allegedly belonging to SHA on various dates between October 2024 and May 20, 2025, at the authority's headquarters in Nairobi.
The alleged offence was brought under Section 48(2) of the Social Health Insurance Act.
Before the withdrawal, Wachira's lawyers had asked the Director of Public Prosecutions (DPP) to review the decision to charge him, arguing that he had left SHA on November 12, 2024, before the end of the period covered by the alleged transactions.
In a letter to the DPP, Manyonge Wanyama & Associates LLP said its review of 2,235 pages of documents supplied by the investigating officer had not revealed any adverse mention of Wachira.
The lawyers 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. They argued that Wachira should not be held criminally responsible for transactions allegedly carried out after his departure from the authority.
The withdrawal marks a change in the proceedings against Wachira and Ingasira, but the court details provided do not indicate that the case against the remaining accused persons has also been terminated.
The decision should not be interpreted as an acquittal. Any further proceedings against the remaining accused persons will depend on subsequent court directions.
