A Nairobi court has withdrawn criminal charges against former Social Health Authority (SHA) boss Elijah Wachira and co-accused Robert Ingarisa in a case involving the alleged misappropriation of more than Sh17.5 million belonging to the authority.
Milimani Principal Magistrate Daisy Mutai allowed the prosecution’s application to withdraw the charges during a hearing on October 6, 2026.
The withdrawal was recorded under Section 87(a) of the Criminal Procedure Code, with the court also directing that cash bail deposited by the two accused persons be released to their respective depositors.
Court Allows Withdrawal of Charges
Wachira and Ingarisa were the fifth accused person in the case, which was registered at the Nairobi Magistrates Court under Criminal Case No. E559 of 2025.
The court’s orders permitted the withdrawal of charges against the two individuals. However, the order did not terminate proceedings against the remaining accused persons, including Arthur Otula and Rosemary Daraja.
The case against the other accused persons may therefore continue, subject to further court directions.
Sh17.5 Million Allegedly Misappropriated
According to the charge sheet, Wachira and Ingarisa were accused of jointly misappropriating Sh17,591,473 allegedly belonging to SHA.
The alleged offences were said to have occurred 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.
The allegations formed part of a wider criminal case involving several accused persons facing various charges.
Wachira’s Lawyers Had Sought Review of Charges
Before the withdrawal, lawyers representing Wachira had asked the Director of Public Prosecutions (DPP) to review the decision to charge him.
In a letter to the DPP, Manyonge Wanyama & Associates LLP argued that Wachira had left SHA on November 12, 2024, and that the alleged transactions occurred after his departure.
The lawyers said 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.
The defence argued that Wachira should not be held criminally responsible for transactions allegedly committed after he had left the authority.
Cash Bail Ordered Released
In its October 6 orders, the court directed that the cash bail deposited by Wachira and Ingarisa be returned to the respective depositors.
The withdrawal formally removed the charges against the two individuals from the proceedings covered by the order.
The order, however, did not state that the entire case had ended. The status of the charges against the remaining accused persons is therefore separate from the withdrawal involving Wachira and Ingarisa.
