On August 22, 2003 The Director of the National AIDS Control Council, Kenya's Government body mandated to coordinate the Kenyan effort in the fight against AIDS was suspended and ordered to refund 27 million Kenya Shillings (US$ 0.3 million) of her salary that was negotiated based on a fraudulent letter from her previous employer. Margaret Gachara had been receiving a salary SEVEN TIMES that which she should have been entitled to as a senior civil servant.

The following article appeared in The Daily Nation on April 8, 2004

Gachara Denied Bail Again

Judge says she will remain in custody until her case is heard on April 14

By Jillo Kadida

Former National Aids Control Council boss Margaret Gachara has been denied bail for the fourth time.

She will therefore remain in custody until her case is heard and determined, high court judge Benjamin Kubo ruled yesterday.

Dr. Gachara had moved to the high court on Tuesday after a chief magistrate’s court rejected her plea thrice. She said that she was ready to comply with any conditions imposed on her by the high court.

Her lawyer, Dr. John Khaminwa, submitted to court two psychiatrists, reports to prove that his client was mentally stressed and needed to be released from custody.

Dr. Gachara claims her mental stress and fear was as a result of hostile media reports following her sacking as the Nacc director in September last year.

One of the reports was jointly compiled by psychiatrists Frank Njenga and Samuel Kang’ethe and another was by Dr. Margaret Makanyengo of the Kenyatta National Hospital.

But Mr. Justice Kubo said the medical reports did not establish whether Dr. Gachara was suffering from mental illness or she was not in full control of her mental faculties.

“The doctors were unable to link with certainty Dr. Gachara’s stress or depression to the behaviour she displayed towards the police and court. The two reports should not, therefore, be elevated beyond  what they say,” he said.

Dr. Khaminwa had said the lower court’s refusal to grant his client bail was on the basis that she might abscond.

“The magistrate appears to have unfortunately accepted the investigating officer’s conclusion that Dr. Gachara has been avoiding him and the court.”

But the judge upheld the magistrate’s findings. He said there was no credible material placed before him to warrant a contrary finding.

He further said there was no medical report to support the submissions that Dr. Gachara’s health continue to deteriorate in remand.

Dr. Gachara has been charged with falsely obtaining Shs. 24 million. The case will be heard on April 14 and 15.