BY SAM ALFAN.
Televangelist David Kariuki Ngare alias Gakuyo has moved to court to stop the police from arresting him over alleged loss of Sh1.5 billion.
In a case filed under certificate of a urgency Through lawyer Danstan Omari and James Mamboleo, Gakuyo wants seeks protection from court to temporarily stop Interior Cabinet Secretary Fred Matiang’i and Directorate of Criminal Investigations boss George Kinoti from arresting him over alleged loss of funds at troubled Ekeza Sacco.
Gakuyo, who is accused of allegedly embezzling over Sh 1.5 billion from the Sacco wants the court to bar the police from arresting him, conducting any investigations and commencing criminal charges against him.
“The court does issue conservatory orders restraining interior CS Matiang’i and Inspector General of police from arresting or to continue any criminal charges or instituting fresh charges or investigations against Ekeza Sacco ,Gakuyo Real estate and Gakuo Investments clubman based on the management of the petitioner or officers of the said companies, ” said Lawyer Omari.
He further seeks conservatory orders pending hearing and determination of the petition prohibiting Police from investigating ,recording statements, arresting, maintenance or continues of any criminal proceedings.
He claimed on March 6, this year interior Cabinet secretary Fred Matiangi during to police address at police savings and credit society at police sacco plaza directed the inspector general to investigate and charge him and other officials of Ekeza Sacco and charge them.
He claims Matiangi directives is against the law.
“The petitioner was extremely worried and concerned by the directions given by the CS to inspector general and decided to surrender himself forthwith to the office of the director of Criminal Investigation,” he claims.
He claims the manner in which the police is conducting the investigations suggests that he lacks independence and therefore impartiality, that evidence being sought publicly by the DCI by public appeal will prejudice him and is in contravention of bill of rights.
“I believe that CS Matiang’i is unconstitutionally interfering with police independence in investigating and directing them to arrest and prosecute me before magistrates,” he claimed.
He added that the investigations being carried by police must demonstrate that he is acting independently in the interest of pursuing criminal justice and is not witch hunting or acting under public pressure or under Matiangi directives.
Gakuyo says that he went to DCI alongside his lawyers after the CS called for his arrest and he was told that there were no complaints against him.
However, a day later he saw that DCI asking members of the public who lost money at Ekeza to appear at their headquarters and record statements.
