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The Ethics and Anti-Corruption Commission (EACC) has been barred from preferring fresh corruption charges against Embakasi North MP James Gakuya pending the hearing of two suits challenging his prosecution.

Justice Thande Mugure yesterday temporarily barred the anti-graft body together with the Director of Public Prosecutions Noordin Haji, Inspector General of Police and Attorney General either by themselves or their officers or agents from further arresting, arraigning and prosecuting Gakuya over any corruption allegation until June 23, 2023.

Obtained orders

The Judge gave the directive after consolidating the matter with another suit where Gakuya has obtained orders barring the state DCI and DPP from prosecuting him for criminal charges over a parcel of land situated in Runda.

“In view of the earlier conservatory orders barring the state from arresting and prosecuting Gakuya issued by Justice Antony Mrima on May 11, 2022. The state is barred from arresting him on this matter as well. The consolidated petition will now proceed for hearing. Parties to filed their pleading before June 23 this year when the case will be mentioned to fix a judgment date,” Justice Thande said.

Gakuya through lawyer Shadrack Wambui rushed to court claiming that the EACC had commenced investigations against him over fresh corruption allegations

He told the court that he is under an active threat of arrest and prosecution by the state after the anti-graft body launched a manhunt for the MP since May last year.

Wambui adds that agents of EACC have made a simultaneous raided at his Embakasi North Constituency office and made away with some documents after unlawfully breaking into the office desk.

A petition filed in court by the MP sought the orders restraining the anti-graft body police officers from arresting and prosecuting him says that the commission officers on May 18, 2022 at around 6am also raided his house in Muthaiga in an attempt to arrest him and conduct a fresh search on his residence.

“0n May 18, 2022 at around 0600hrs my house located in Muthaiga North was raided by officers from the EACC about fifteen agents with a majority of them being in civilian clothing and others in the Blue Kenya Police Uniforms who drove into the Balozi estate in a White Nissan and a green Land Rover,” reads the court papers.

“That the agents of the EACC camped at Gakuyas’ house for long hours thus creating unnecessary attention to the MP’s homestead who is hitherto embarrassed by the manner in which the commission has opted to misuse there constitutional powers,” Wambui says.

Gakuya is also challenging the decision to charge him in connection to a dispute over the ownership of land in Runda measuring 0.2020 hectares, a matter that is pending hearing and determination at the Environment and Land Court.

The MP argues that he is the registered owner of the disputed Runda Land known as L.R No.7785/1120 measuring approximately 0.2020 hectares with a title deed and a current search certificate as proof of his ownership rights yet one Silvya Merie has been laying claim over the same land and using all manner of fora to intimidate him in the hope that he will abandon his claim over the disputed property.

Penal code

Gakuya also says that decision to charge him and his invitation to answer to the alleged charge of conspiracy to defraud contrary to section 317 of the Penal Code is another attempt by the respondents (DPP, IG, DPP and AG) to abuse the criminal justice system to arm-twist and intimidate him so that he can jettison his legitimate right over the disputed land.

Apart from the fraud case and the new corruption allegations, Gakuya has a graft case pending before Milimani Anti-Corruption Court.

In the corruption case, Gakuya is accused of breaking procurement laws to get businesses for his companies from the Constituency Development Funds (CDF) valued at more than Sh40 million.