NAIROBI, Kenya – A Nairobi court has withdrawn criminal charges against former Social Health Authority boss Elijah Wachira in a case involving the alleged misappropriation of Sh17.5 million belonging to the authority, following an application by the prosecution.
The withdrawal was recorded during a hearing before Milimani Principal Magistrate Daisy Mutai on October 6, 2026, in Nairobi Magistrates Court Criminal Case No. E559 of 2025.
Court orders
In its orders, the court allowed the withdrawal of charges against Wachira and Robert Ingarisa, the fifth accused person, under Section 87(a) of the Criminal Procedure Code.
The court further directed that the cash bail deposited by the two accused persons be released to their respective depositors.
Original charges
Wachira had been charged alongside other suspects, including Arthur Otula, Rosemary Daraja and four others, who face various criminal charges.
According to the charge sheet, Wachira and Ingarisa were accused of 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, as cited in the charge sheet.
Defence arguments
Lawyers representing Wachira had previously asked the Director of Public Prosecutions to review the charges, arguing that their client had left SHA on November 12, 2024, and that the alleged transactions occurred after his departure.
In a letter to the DPP, the law firm Manyonge Wanyama & Associates LLP said its review of documents supplied by the investigating officer had not revealed any adverse mention of Wachira in the 2,235 pages of material provided.
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 committed after he had left the authority.
Case against other accused persons
The court formally recorded the withdrawal of the charges against Wachira and Ingarisa in its orders issued on October 6, 2026. However, the court order did not indicate that the court terminated the entire case against the remaining accused persons.
The proceedings against the other accused persons may therefore continue, subject to further court directions.
