A Nairobi court has withdrawn criminal charges against former Social Health Authority (SHA) boss Elijah Wachira over the alleged misappropriation of Sh17.5 million belonging to the state health agency.
The withdrawal was allowed by Milimani Principal Magistrate Daisy Mutai on October 6, 2026, following an application by the prosecution.
In its ruling, the court permitted the withdrawal of charges against Wachira and Robert Ingarisa, the fifth accused person, 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 various 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.
The two were among several suspects facing charges in Nairobi Magistrates Court Criminal Case No. E559 of 2025, which also involves Arthur Otula, Rosemary Daraja and four others.
Lawyers Challenged Charges Against Wachira
Before the withdrawal, Wachira’s lawyers had petitioned the Director of Public Prosecutions (DPP) to review the charges, arguing that their client had left SHA on November 12, 2024.
Through Manyonge Wanyama & Associates LLP, the defence maintained that the alleged transactions occurred after Wachira’s departure from the authority.
The lawyers further stated that their review of documents supplied by the investigating officer had not revealed any adverse mention of Wachira in the 2,235 pages of material provided.
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.
According to the defence, Wachira should not be held criminally responsible for transactions allegedly committed after he had left the authority.
The court’s orders specifically addressed the withdrawal of charges against Wachira and Ingarisa.
The ruling did not indicate that the entire case involving the remaining accused persons had been terminated, meaning proceedings against them may continue subject to further court directions.
The withdrawal marks a significant development in the Sh17.5 million case, which centres on allegations of financial impropriety involving funds belonging to SHA.
The court order did not establish the guilt of the accused persons, and the remaining proceedings will determine the course of the case against those still facing charges.
