Blow for MP Gakuya as high court declines to grant stay in CDF graft case

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Another blow for Embakasi North MP James Mwangi Gakuya and 10 others facing Sh 40 million CDF project graft charges after high court ruled that the case can proceed without their lawyers.

High Court Criminal Division Judge Mumbi Ngugi dismissed the application challenging trial court the trial court ruling to proceed without defense counsels on grounds that it has no merits.

The judge further ruled that she had no reason to interfere with the trial court decision.

“I find no basis for interfering with the decision of the trial court as no error of law or fact has been established”, Ngugi ruled.

The accused persons wanted the court to stay the proceedings in the trial court on grounds that the prosecution had not provided them with all the documentary evidence they intend to rely on in the matter.

The judge ruled that the documents sought by the accused persons were not important at the this stage to warrant the orders pending hearing and determination of the application.

“This means that the trial of the case which was scheduled today will have proceed before the lower court for full hearing,” she added.

However, the trial did not proceed after it emerged that the MP is currently admitted in hospital.

The accused persons had applied to adjourn the case before trial magistrate Elizabeth Juma’s since the prosecution failed to supply them with the investigation diary and Investigations report.

The DPP on its part urged the court not to grant the orders sought as the investigation report was an internal communication between EACC and ODPP.

After Lawyer Dunstan Omari appearing for the MP, lawyers Shadrack Wambui, Stanley Kangahi, Kiraithe Wandugi, Philip Magal, Professor George Wajakoya and Duncan Okatch tactfully disqualified themselves, the accused person requested for time seek other counsels.