A police officer accused of corruption was Monday arraigned before a Mombasa court to face charges of giving misleading information on wealth declaration.
The Ethics and Anti-Corruption Commission (EACC) officials allege he covertly accumulated over Sh5 million in his bank accounts within two years.
He denied the charges saying the evidence against him was obtained illegally and the case allowed to proceed without the authority of the Director of Public Prosecutions (DPP).
Prosecutors claim Gabriel Mbithi, who served as a base commander in Malindi before being transferred to Meru in 2009, failed to declare over Sh1.5 million balance in each of his three bank accounts and his two motor vehicles.
Mbithi was under investigation by the EACC after being accused of extorting money from motorists while serving as a base commander in Malindi.
In June 2011, the anti-graft agency obtained court orders to freeze his accounts and on January 15, this year, a file was forwarded to the DPP.
Mbithi, who appeared before Chief Magistrate Richard Odenyo Monday, was represented by lawyer Jared Magolo.
Dismiss case
The lawyer asked the court to dismiss the case claiming the DPP never gave consent to prosecute his client.
He said the evidence against his client was inadmissible as there were no witnesses and the prosecution was trying to invent testimonies.
"The prosecution has failed to prove the case and it seems there is a vendetta to compromise the case. There is a complainant who is not being disclosed in this case and the items, including the motor vehicles, belong to someone else," said Magolo.
But State prosecutor Brian Ayodo said he had received the DPP's consent to prosecute and was ready to produce witnesses.
According to the officers from anti-corruption commission, Mbithi accumulated over Sh5.4 million within a period of two years without a clear accountability on the source of the money.
Mbithi had on various dates deposited money in his three different bank accounts which he failed to declare despite being under investigations, according to the prosecution.
EACC investigating officers Mutembi Nyagah and Abdulhamid Low testified that Mbithi was under investigation for extorting money from motorists, adding that records showed that the money was being deposited and withdrawn within short intervals.
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They also alleged that a Sh.1.5 million balance in one of the accounts was never indicated in the declaration form.
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