A Nairobi court has withdrawn criminal charges against former Social Health Authority (SHA) chief executive Elijah Wachira over the alleged misappropriation of Ksh.17.5 million belonging to the health agency.
Milimani Principal Magistrate Daisy Mutai approved the withdrawal on October 6, 2026, following an application by the prosecution. The court also withdrew charges against Robert Ingarisa, the fifth accused person in the case, under Section 87(a) of the Criminal Procedure Code.
The court directed that the cash bail deposited by both accused persons be returned to the people who paid it. Wachira and Ingarisa had faced accusations of jointly misappropriating Ksh.17,591,473 allegedly belonging to SHA. The charge sheet stated that the transactions took place on various dates between October 2024 and May 20, 2025, at the authority’s headquarters in Nairobi.
Prosecutors brought the charge under Section 48(2) of the Social Health Insurance Act. The case, filed at the Nairobi Magistrates Court under Criminal Case No. E559 of 2025 also involves Arthur Otula, Rosemary Daraja and four other accused persons facing various criminal charges.
Before the withdrawal, Wachira’s lawyers had asked the Director of Public Prosecutions (DPP) to review the decision to charge him. They argued that he had left SHA on November 12, 2024, before some of the alleged transactions occurred.
In a letter to the DPP, Manyonge Wanyama & Associates LLP said its review of documents provided by the investigating officer had not revealed any adverse mention of Wachira in the 2,235 pages of material supplied.
The lawyers relied on Article 157(6)(c) of the Constitution and the 2019 Guidelines on the Decision to Charge to support their request for a review. They argued that Wachira should not face criminal responsibility for transactions allegedly carried out after he left the authority.
The court subsequently recorded the withdrawal of charges against Wachira and Ingarisa in its October 6 orders. However, the decision does not mean that the entire case has ended. The court order did not terminate proceedings against the remaining accused persons, meaning their cases may continue subject to further court directions.
The withdrawal ends the current proceedings against Wachira and Ingarisa in this case, while the allegations against the other accused persons remain subject to the court process.