Gikaria protests DCI's decision to post his photos on social media

Nakuru East MP David Gikaria. [Photo, Standard]

Nakuru East MP David Gikaria has accused the Directorate of Criminal Investigation of violating his rights by circulating his photograph holding a banner announcing his charges on social media.

Through his Attorney Lawrence Karanja said the DCI office has gone against a court order issued last December by Justice Wilfred Okwany to temporary restrain the DCI from posting such photographs especially on Twitter and FaceBook.

“The accused is still innocent unless proven guilty. It is not upon the DCI to judge the accused and circulate his photographs taken on the day he was arrested,” said Mr Karanja.

Appearing before Chief Magistrate Josephat Kalo, he added that the High Court had issued orders barring the DCI from circulating the photographs of the accused.

The court directed the accused to make a formal application on the same.

“Submit the photographs claimed to have been circulated on social media plus other evidence,” directed Mr Kalo.

The magistrate also directed the accused to provide a copy of the order he alleges the High Court made on the circulation of the mug shot.

The attorney spoke during the mention of the case against the MP.

Gikaria on Monday was arraigned in court and charged with conspiracy to defraud.

He also was accused of illegally taking possession of several parcels of land.

Gikaria, who appeared before Nakuru Principal Magistrate Bernard Mararo, denied eight counts of fraud and illegal possession of land.

The charge sheets read that on diverse dates between August 28, 2007 and December 18, 2007, the MP, jointly with others not before court, with intend to defraud, manipulated entry of dates in land ownership documents of several parcels in Nakuru.

The MP is said to have inserted, in the documents, names of other people and claimed the entries were made by the registrar of land. The plan, according to court documents, was to dispossess the real owners of their properties.

The property in question, Nakuru/Municipality Block 26/896, 897, 898, 899, 900, 901 and 902, according to the charge sheet, belong to HO Khamala, Joseph Guyo, Cleophas Wanyonyi, Morris Barasa, Nancy Bochacheri, Ascar Nyabonyi and Lucy Nyabanche.

The Court on Monday had admitted him on a Sh3Million bond with surety of similar amount with an alternative cash bail of Sh1Million but he could not secure.

The legislator on Tuesday through his lawyer said he could not secure the cash bail of Sh1Million that caused him to spend his night in custody.

“According to counsel of the accused, the accused is unable to secure the cash bail of Sh1Million and that has caused him to spend his night in custody,” read part of the court ruling.

His lawyer informed the court that being a member of parliament for Nakuru Town East, Constituency the legislator was not at flight risk.

Magistrate Kalo in his ruling reviewed the cash bail to Sh300, 000.

Kalo in his ruling said the Sh1M was in excess.

“Cash bail is not a punishment but is meant to secure an accused person’s attendance in court,” Ruled magistrate Kalo.

He added that the bail imposed should not be a burden to the accused person who is entitled to be released on a reasonable cash bail.

“No compelling reasons have been brought forth by the prosecution to maintain the bail. No suggestions have been brought to show that the accused will jump bail

The trial will be on April 17.