BY SAM ALFAN.
Embakasi North MP James Gakuya has been summoned to court to face charges related to land fraud.
Gakuya was directed to appear before a Milimani magistrate on Thursday without fail where he will plead to charges of conspiracy to defraud contrary to section 317 of the Penal Code. It is alleged that he conspired to defraud Silvya Merie of a land in Runda.
The MP failed to turn in court on Wednesday saying he had obtained a temporary order from High Court Judge Anthony Mrima, stopping the plea taking.
The legislator said he moved to the high court challenging the decision to charge him arguing that a dispute over the ownership of the land, measuring approximately 0.2020 hectares, is pending before the Environment and Land Court.
“The decision to charge me and the invitation of me to answer to the alleged charge of conspiracy to defraud contrary to section 317 of the Penal Code is another attempt by the Respondents to abuse the criminal justice system,” he argued.
The MP maintained that he is the registered owner of the land and a current search certificate bears his name as proof of ownership.
He said Merie has been laying claim over the same land and using all manner of forums to intimidate him in the hope that he will abandon his claim over the property.
Gakuya said the summons and the charges was another attempt by the prosecution and Directorate of Criminal Investigations to abuse the criminal justice system to arm-twist and intimidate him to drop his claim over the land.
The MP also claimed that the decision to charge him is motivated by ulterior motives and is clearly the executive’s attempt at stopping his candidature because of his political inclination.
He says he has openly stated that he will defend his position as a paid up member of United Democratic Alliance (UDA) and staunch supporter of the Deputy President William Ruto.
Gakuya is separately facing graft charges over the use of constituency development funds.