Embakasi North MP James Gakuya is now set to face full trial after the High Court dismissed his attempt to block a fraud case against him. The ruling clears the way for prosecution to proceed, marking a major setback in his legal battle over allegations tied to a disputed land transaction.
Highlights
- High Court rejects Gakuya’s bid to stop fraud proceedings
- Case linked to alleged fraudulent land transaction
- MP claimed case was politically motivated and civil in nature
- Court says criminal case must proceed independently
- Trial to continue in magistrate’s court on a future date
Main Story
Court Clears Path for Trial
Embakasi North MP James Gakuya will now have to face a full criminal trial after the High Court dismissed his application seeking to halt fraud proceedings against him. The court ruled that there was no legal justification to stop the case from continuing.
According to the judgment, the matter should proceed in the lower court where evidence will be examined and a determination made.
Gakuya’s Defence Arguments
Gakuya had asked the court to suspend or terminate the case, arguing that the charges stemmed from a broader civil dispute involving land issues already being handled in other courts.
He also claimed the case was politically driven and aimed at disrupting his leadership duties and public service work.
Why the Court Dismissed the Case
The High Court, however, disagreed with his arguments. The judge noted that the existence of a civil case does not prevent criminal proceedings from moving forward.
The court further stated that the prosecution had presented enough basis for the matter to proceed to trial, leaving the magistrate’s court to fully evaluate the evidence.
What Happens Next
With the ruling in place, the Office of the Director of Public Prosecutions has been given the green light to continue with the case.
Gakuya is now expected to face trial over allegations of conspiracy to defraud and other related charges connected to a contested land deal. The case will be mentioned in the magistrate’s court on dates that will be set.
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