MP charged with Sh38.9m fraud released on bail

Embakasi MP James Mwang in the dock at a Milimani anti corruption court where he was charged with economic crime. [Photo:George Njunge / Standard]

Embakasi North MP James Gakuya could face several years in jail if found guilty of fraudulently acquiring millions of shillings from the constituency development fund.

The MP, alongside four members of Embakasi North National Government Constituencies Development Fund committee and four traders, is facing charges of colluding to obtain close to Sh40 million through unlawful tenders for construction of roads in the constituency.

Gakuya has been charged alongside Leah Guchu, Cleophas Oyaro, Richard Guchu, Florence Nyambura, Agnes Njeri, Julius Maina, Patrick Gakuya and Salome Nduta.

The nine have denied the charges.

The charges state that as the patron of Embakasi North NG-CDF, Mr Gakuya knowingly held indirect interest in the tender for construction of several roads which led to fraudulent payment of Sh38.9 million.

He faces other charges of fraudulent acquisition of public funds from the Embakasi North NG-CDF accounts through companies linked to him.

Ms Guchu, the constituency’s NG-CDF fund manager, has been further charged with wilful failure to comply with procurement regulations.

Mr Oyaro is suspected to have authorised another Sh6.2 million payment from the NG-CDF kitty to Mr Gakuya’s company for the construction of Muoroto AP Road in the absence of any written contract.

The others were charged with misusing their positions as members of Embakasi North constituency tender committee to illegally approve bids.

The nine denied the charges before Senior Principal Magistrate Felix Kombo and pleaded to be released on cash bail.The MP was released on a cash bail of Sh2 million while Guchu and Oyaro on Sh1.5 million cash bail. The rest were released on Sh250,000 cash bail.