The High Court has temporarily stopped the prosecution of Embakasi North MP James Gakuya pending the hearing and determination of a petition challenging the case.
Gakuya was to be charged on Wednesday morning with conspiracy to defraud.
However, the trial court was told that orders had been issued Wednesday morning stopping his prosecution.
His lawyer Shadrack Wambui told the trial court that the matter is purely a witch hunt.
In the petition before Justice Anthony Mrima, the MP argues that the decision to charge him is connected 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 decision to charge the Applicant 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 Constituency sit and further because he is a paid-up member and staunch supporter of the United Democratic Alliance (UDA) and H.E.William Samoei Ruto,” reads the court papers.
He further argues that the decision to charge him when campaigns are set to begin officially is an evil scheme to frustrate him.
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