The hearing of a former church leader David Gathanju and two others are charged with stealing Sh39 million failed to kick off yesterday as earlier scheduled.
This is after the prosecution told the court they were intending to amend the charges facing the accused.
Mr Gathanju, who served as the moderator of the Presbyterian Church of East Africa (PCEA) General Assembly between 2009 and 2015, was charged in October 2017.
Others charged are James Muiruri and Peter Kamuthu, all former employees of the church.
They are charged that on diverse dates between January 2, 2016, and June 30, 2017, at PCEA headquarters in Nairobi’s South C estate, they stole Sh39.9 million from the church.
Before the hearing could kick-off, Prosecution counsel Christine Mbevi made an application seeking to amend the charge sheet to reflect Sh 50.9 million as the money lost and not Sh 39.9 million as earlier indicated
Ms Mbevi also said they want Mr Kamuthu charged with seven more counts of forgery.
In the new charges Mr Kamuthu is accused of on diverse dates between January 20, 2016 and January 12,2017 at Equity Bank Nairobi West branch, with intent to defraud forged a certain signature on an Equity Bank Funds Transfer form purporting it to be a genuine signature Of Peter Kariuki Kania.
Revered Kania who is the current Secretary General of PCEA general assembly is named as the complainant on behalf of the church.
Mr Gibson Kamau Kuria representing the church said the church supported the application by the prosecution to amend the charges against the accused.
The defence said there is nothing they could do to prevent the prosecution from amending the charges but read malice on the move.
Danston Omari representing Mr Kamuthu told the court his client had not be notified of the intended amendment of the charges.
Mr Omari wondered why te prosecution failed to mend the charges sometimes back bearing in mind the hearing date was taken long time ago.
Mr Omari said he needed time to study the intended amendment of the charge.
Gathanju’s lawyer John Njuguna said they had noted with concern that prosecution has always not been ready to continue with the case.
Kimani Wakimaa another of Gathanju’s lawyer said the case has been pending in court for the last 18 months without any progress.
Staley Kangahi representing Mr Mururi said he needed more time since the amendment of the charges will affect the narrative the defence will take in the case.
On his part, Mr Kuria said the accused should eb allowed to take plea afresh and then take anew hearing date.
Kiambu Senor Principal Magistrate Stella Atambo took the prosecution to task as to why it did not notify the defence of their intention to amend the charges to help them prepare for the case in order to save judicial time..