Lawyer Ndegwa Njiru pens open letter to DPP over plans to arrest Gachagua
By Joel Masibo, August 19, 2025Lawyer Ndegwa Njiru has cautioned the Office of the Director of Public Prosecutions (ODPP), questioning what he terms an unlawful and politically motivated move to arrest former Deputy President Rigathi Gachagua upon his return from the United States of America.
In his Tuesday, August 19, 2025, letter addressed to the DPP Renson Mulele Ingonga, Njiru claimed that the directive to apprehend Gachagua was influenced by the Interior Cabinet Secretary Kipchumba Murkomen.
Gachagua is expected back in the country on Thursday, August 21, 2025, amid government plans to arrest him after campaigning against the current regime in the US for close to two months.
Njiru, an ally to Gachagua and his Democracy for the Citizens Party (DCP) challenged the ODPP on the legality and rationale behind such an arrest, accusing Ingonga of lacking courtroom experience despite holding the top prosecutorial office.
Caution to ODPP
“Since signing the roll of advocates, you have never set foot in a courtroom, so I am sure some procedures may be alien to you,” Njiru stated, further questioning whether basic legal principles, such as the treatment of potential witnesses, were being disregarded.
The lawyer went on to ask what charges would be preferred against the former deputy president should he be arraigned within the constitutionally required 24 hours after arrest.
“Will Murkomen be his co-accused, having confirmed that the five chiefs who were captured by Al Shabaab were released upon negotiations between the government and Al Shabaab? Will you also charge the high-ranking official who authorised the negotiations to take effect?” Njiru posed.
He further reminded the ODPP of the Whistleblower Protection Act, insisting that its provisions should apply when probing claims involving high-ranking state officials.
Njiru listed three critical questions that he believes the DPP must address:
- Whether President William Ruto met with Al Shabaab leaders as claimed
- Whether the government has any links with the Al Shabaab terrorist group.
- Whether Murkomen’s statement about government negotiations with Al Shabaab amounts to an admission.
The lawyer concluded by cautioning Ingonga against adopting what he described as a repressive prosecutorial style, drawing parallels with former DPP Bernard Chunga’s controversial reign.
“I sincerely hope that your reign shall not rival that of DPP Chunga,” Njiru wrote.
This comes at a time of heightened political tension between President William Ruto and his deputy, with sections of the opposition and legal fraternity warning against the use of state institutions to settle political scores.