MP James Gakuya denies graft charges, freed on bail
Embakasi North MP James Gakuya on Thursday denied fraud charges relating to tenders for repair of roads in his constituency.
Mr Gakuya together with members of tender committee for the Embakasi North CDF denied a total of 27 counts in relation to procurement of tenders to several companies, where he is alleged to have an indirect private interest.
TENDERS
Mr Gakuya denied four counts of conflict of interest after he allegedly awarded some companies linked to him the works totalling to Sh39 million.
The court heard that the MP awarded the contract for construction of Muoroto Road in Embakasi to Mabaks Enterprises.
The tender was allowed allegedly worth Sh11.6 million yet the MP, who is the patron to the CDF knew that he has an indirect private interest to the company.
Other companies that allegedly benefited are Hunyu Bush Clearing & Nurseries and Tresmu Investments ltd, which got tenders for construction of DO's Road and Cinema road in the constituency.
It is alleged that he committed the offences between Match 23, and September 5, 2015 at the Embakasi Constituency CDF offices.
The court also heard that Mr Gakuya together with Patrick Waruingi, being the proprietors of Mabaks enterprises allegedly received a total of Sh19.6 million.
The MP alongside Mr Waruingi and Salome Nduta Kamumui through Tresmu Investments are alleged to have fraudulently acquired a total of Sh12.5 million.
Ms Leah Waithera Guchu, the Embakasi North CDF account manager denied six charges of failing to comply with laws relating to management of public funds.
Mr Cleophas Omariba Oyaro, an acting City County Accountant also denied similar charges, for clearing the payments to the companies.
EVIDENCE
Mr Richard Mwangi, Florence Nyambura Njeri, Agnes Njeri Muthoni and Julius Maina Njoka, who were members of the tender committee were accused with clearing the tenders before ensuring that evaluations were carried out.
They denied the charges and the prosecution opposed their release on bond saying they are likely to interfere with witnesses.
But the defence team led by lawyer Danstan Omari said the prosecution has failed to table evidence showing how they will likely interfere or influence witnesses.
The MP was released on cash bail of Sh2 million, alternatively he can execute a bond of Sh5 million with similar surety.
His co-accused released on different bond terms.
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