BY SAM ALFAN.
Embakasi North MP James Mwangi Gakuya and 10 others facing charges grafts charges relating to Sh40 million CDF project in his constituency have suffered a major blow after a judge declined to stop the trial after they were deserted by their lawyers.
High Court Judge Mumbi Ngugi dismissed the application saying it has no merit and she had no reason to interfere with trial court decision. “I therefore decline to exercise powers of revision in respect to the said ruling. Similarly, I find no basis for interfering with the decision of the trial court as no error of law or fact has been established,” ruled Mumbi.
Judge Mumbi ruled that the application no has been laid to revise the orders of the trial court.
Justice Mumbi Ngugi while declining to stay the proceedings before the trial court said that documents sought by the accused person was not important at the this stage to warrant the orders.
“I have the considered the application by defense and I don’t think the documents sought are important to the defense at this stage and I hereby decline to grant the sought pleas to stay the proceedings before the trial court pending hearing and determination of the application,” ruled Judge Ngugi.
This means that the trial of the case which was scheduled today will have proceed before the lower court for full hearing.
However, the trial did not proceed after it emerged that the MP is admitted bin hospital.
The accused persons filed application in the High Court seeking to review trial magistrate Elizabeth Juma’s decision that dismissed their application seeking to be supplied with investigation diary, Investigation report and copy of occurrence report book by the prosecution.
Prosecution vehemently opposed the application saying they were not ready to proceed with applications by the defence since they were not served with the ruling the accused are seeking the court to revise nor did they have opportunity to peruse the proceedings regarding the matter.
However Justice Mumbi Ngugi directed the matter to be heard on July 10 for further directions.
Last week on Tuesday the hearing of the case hit a snag after their lawyers disqualified themselves.
Gakuya’s Lawyer Danstan Omari are among the advocates recused themselves from the case after the trial magistrate declined to adjourn the matter pending the outcome of an appeal in the High Court.
Other lawyers who recused themselves are Kiraithe Wandugi, Philip Magal, Professor Wajakoya, Duncan Okatch, Shadrack Wambui and Stanley Kangahi.
Further the MP and his co-accused failed to bow to magistrate pressure to proceed with their graft case without being represented by their advocates who all withdrew from acting for them.
Gakuya through Lawyer Omari had informed the trial magistrate they had appealed her ruling delivered on June 17,2019 and the matter is coming up for hearing on Tuesday next and there was a need for adjournment pending the outcome.
