The State has been barred from preferring criminal charges against Embakasi North MP James Gakuya.

The MP was yesterday set to face charges of conspiracy to defraud a businesswoman Silvya Merie a parcel of land situated in Runda, Nairobi county before Milimani Chief Magistrate Susan Shitubi.

But the trial court was told that there are orders that were issued by High court judge Antony Mrima stopping his prosecution.

A ruling by Justice Mrima issued conservatory orders restraining Director of Public Prosecutions Noordin Haji, Inspector General of Police Hillary Mutyambai, Directorate of Criminal Investigations George Kinoti and Attorney General Kihara Kariuki either by themselves or their officers or agents from further arresting, arraigning and prosecuting Gakuya over the disputed land situated in Runda pending the hearing of the petition.

“That pending the hearing and determination of this petition, this Court is hereby pleased to issue a conservatory order temporarily staying the first Respondent’s (DPP) decision to charge the Applicant herein as communicated vide summons dated April 27, requiring Hon James Mwangi Gakuya to attend court on May 11, in Criminal Case No.E448 of 2022 for the purpose of taking plea,” Justice Mrima ordered. Gakuya’s lawyer Shadrack Wambui told Shitubi that the matter is purely a witch-hunt and have challenged the MP’s prosecution in the High Court.

In the petition before Justice Mrima, the MP argues the decision to charge him is connection to a dispute over the ownership of land in Runda measuring 0.2020 hectares a matter pending hearing and determination at the Environment and Land Court.

“The decision to charge the Applicant (Gakuya) is motivated by ulterior motives and is clearly the executive’s attempt at stopping the candidature of the applicant by dint of his political inclination as he currently seeking to defend his Embakasi North MP seat.