MP David Gikaria charged with land fraud released on Sh3m bond

Nakuru East MP David Gikaria when he appeared before a Nakuru court yesterday and denied conspiracy to defraud. [Harun Wathari, Standard]

Nakuru Town East MP David Gikaria has been charged with conspiracy to defraud.

The MP has also been 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.

Gikaria, allegedly without permission, took possession of the properties, an act that had the potential to cause breach of peace.

The court yesterday said the owners of the parcels were, by law, entitled to them.

Denied charges

Gikaria denied the charges.

Through lawyers Cheposwony Kibet and Kahiga Waitindi, the MP pleaded with the court for lenient bond terms, claiming the charges were politically-motivated.

He said his client was would cooperate with the court.

“Given the nature of the offences, I ask this court to admit him on free bond. This is a manipulated charge sheet with political ends,” said Mr Kibet.

He also asked the court to issue orders directing the investigating officer to supply them with witness statements and documentary evidence the prosecution intended to use in the case.

The prosecution did not oppose the MP’s request to be released on bond, but asked the court to consider strict bond terms. “The offence has affected lives of many people and that is why we are seeking strict bond terms. We oppose the request for free bond,” the prosecution said.

It also dismissed claims that the charge was politically motivated.

He was released on Sh3 million personal bond with surety of the same amount or an alternative cash bail of Sh1 million. The case will be mentioned tomorrow.