High Court declines to stay graft case against MP Gakuya


High Court has declined to issue stay orders in the graft case against Embakasi North MP James Gakuya and 13 others.

Their lawyers accuse the DPP of not supplying them with all the relevant documents in the hands of the prosecution.

Justice Mumbi Ngugi rules that she was not satisfied that the documents being claimed by the defense are important to them at this stage that an order of stay should issue.

The judge directed that the matter be heard on 10th July 2019.

The defense team had moved to the high court seeking stay of the criminal court proceedings pending the hearing and determination of the application.

The applicants are also seeking review of the ruling made by trial magistrate Elizabeth Juma on 17th June that declined to order the prosecution to supply them with a copy of the investigation report.

The MP and his co-accused had made an application to be supplied with the investigation diary, investigation report and a copy of the occurrence book.

The state supplied the investigation diary, OB report, witness statements and other documentary evidence but declined to supply the investigation report arguing that it is internal communication between the EACC and ODPP.

Gakuya who charged alongside two former civil servants and 11 CDF committee members are accused of embezzling Sh 39.8 million, mismanagement of public funds, conspiracy to defraud among other offences.

Meanwhile the matter which was to be heard this week was adjourned after the court was informed that the MP in unwell and currently admitted in hospital.
The case will be heard on 18th July.