Court stops MP Gakuya’s prosecution in land fraud case

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MP James Gakuya (right) and his co-accused persons in court in another case. Photo/Suek

It is a relief for Embakasi North MP James Gakuya after the High Court temporarily stayed his prosecution.

Gakuya had been summoned to appear before the Milimani Magistrates Court in Nairobi on the 11th May 2022 at 0900 hours to answer to the charge of conspiracy to defraud contrary

In the petition filed before justice Anthony Mrima, the MP argues that the decision to charge him arises from a dispute over the ownership of land in Runda.

Through lawyer Danstan Omari, the court heard that the matter is pending hearing and determination before the Environment and Land Court.

The case is ELC No. E129 of 2021 Silvya Merie versus James Mwangi Gakuya & 2 others . There is also a Court of Appeal Civil Application No.E079 of 2022 Hon.James Mwangi Gakuya versus Silvya Merie and 2 others. 

The disputed land measures approximately 0.2020 hectare.

UDA allegiance

Gakuya claims that the prosecution is a scheme to frustrate his campaigns after pledging allegiance to Deputy President William Ruto’s party UDA.

“The decision to charge the Applicant is motivated by ulterior motives and is clearly the Executive’s attempt at stopping the candidature of the Applicant by dint of his political inclination as he currently seeking to defend his Embakasi North Constituency seat and further because he is a paid up member and staunch supporter of the United Democratic Alliance (UDA) and H.E.William Samoei Ruto, “said Omari.

READ: lawandpowerkenya.com/blow-for-mp-gakuya-as-high-court-declines-to-grant-stay-in-cdf-graft-case

Gakuya added that he decision to charge him on the month the national campaigns are set to officially begin is an evil scheme to frustrate the his campaigns. This is in order to give his political competitor of the Jubilee Party, Harrison Wangoro Mwangi an edge or advantage during this political season.

“Unless this Honourable court prioritizes the hearing and determination of this application and petition and grants the interim reliefs sought herein, the Respondents’ evil scheme of frustrating the Applicant’s campaigns will succeed thus contravening the rights and fundamental freedoms of the applicant,” he added.