Africa-Press – Kenya. The corruption case against Embakasi North MP James Gakuya and 13 others will resume for trial hearings on March 20, 2024, before a new magistrate at the Milimani law courts in Nairobi.
The new dates were agreed by the parties before principal magistrate Zipporah Gichana who has now taken over the hearing of the matter.
Gakuya and his brother Patrick Wairungi were charged alongside 12 other co-accused in August 2018 with fraudulent acquisition of public property, conflict of interest, conspiracy to defraud and wilful failure to adhere to procurement and disposal laws.
The case was initially being heard by chief magistrate Elizabeth Juma, who reallocated the file after being transferred outside Nairobi.
Senior principal magistrate Victor Wakumile then took over the matter but again reallocated the file to Gichana before presiding over any hearing.
On Monday when the matter came up for directions before Gichana, the prosecution said they were ready to proceed with hearings from March next year.
Defence lawyers, led by Wandugi Kirathe and Danstan Omari, agreed with the suggestion. Wandugi asked that defence team be informed about the witnesses who will testify on the three-day marathon hearings at least two days before they take to the dock.
Gichana directed that hearings resume on March 20, 21 and 22 from where it had stopped.
The accused are charged with fraudulent acquisition of Sh39,858,050 Constituency Development Fund cash that was allegedly used for fictitious road construction contracts.
Gakuya and his brother Patrick Wairungi are accused of receiving Sh19,691,772 for supplying nothing.
Court documents also show that Wairungi’s Mabaks Enterprises was paid Sh11,691,771 for construction of Muoroto AP road.
The suspects allegedly received the money between July 8 and November 20, 2015.
The MP, alongside Teresia Macharia and Stacy Njoki of Hunyu Bush Clearing and Nurseries, was also charged with fraudulently receiving Sh7.6 million from the CDF on November 20, 2015.
The money was listed to have been paid for clearing of bushes along DO’s road.
In the third count, Gakuya was charged alongside Wairungi and Salome Kimamui of Tresmu Investments with fraudulently receiving Sh12,566,278.
The amount was listed to have paid for the construction of Cinema road.
The MP was also charged with four counts of conflict of interest.
He is accused of having an indirect interest in the awarding of tenders for construction of roads, which were awarded to Mabaks Enterprises.
The company was awarded most of the tenders.
Others are Maitu Njeri, DO’s and Cinema roads where Sh8 million, Sh7.6 million and Sh12, 566,278, respectively, was paid.
The Embakasi North CDF account manager Leah Guchu and then Nairobi county acting accountant Cleophas Oyaro were charged with failure to comply with the Public Procurement and Disposal Act of 2005 relating to tendering of contracts.
Guchu was accused of failing to ensure the CDF entered into written contracts, based on tender documents, in the deals awarded to Mabaks, Hunyu Bush Clearing and Nurseries and Tresmu Investments.
All the suspects denied the charges and are out on bond. Gakuya was released on Sh2 million bail.
The prosecution says investigations by the Ethics and Anti-Corruption Commission established that companies associated with Gakuya were irregularly awarded tenders and paid through bank accounts to which the MP was a signatory.
For More News And Analysis About Kenya Follow Africa-Press
