City MP locked up, to face fraud charges

Makadara lawmaker Gidion Mbuvi has been remanded in custody until Friday after he was denied bail by a Nairobi court.

Kibera chief magistrate Cecilia Githua remanded Mr Mbuvi at Kileleshwa police station following an application by the State.

The accused denied two fresh cases of obtaining a total of Sh3.3 million by pretences.

He faced charges of obtaining money by pretences and conspiracy to defraud in two different files.

In one of the files he was charged with obtaining Sh500,000 from Patience Chepchuba Kogo pretending he would sell to her an unregistered Toyota Shark. He allegedly committed the offence in Mombasa town on November 24, 2009.

In another case, Mr Mbuvi denied that he conspired to defraud Mr Chirag Sanghrajka of Sh2.8 million pretending that a land parcel in Kwale was genuine and valid for sale.

The court heard that he committed the offence at Tile Carpet Centre along Mombasa Road, Nairobi on August 16, 2006.

He was also charged with obtaining Sh2.8 million from M/s Tile and Carpet Ltd on August 11, 2006.

His lawyers applied for their client to be released on bail saying that the offences are bailable.

But prosecuting, Chief Inspector Joseph Musyoka objected to the MP being released on bail.

“The accused had another case before Kibera court whereby he had been arrested by the police and released on bond on April 30, 2008. He was to appear for plea hearing on May 5, 2008. He never appeared and warrant of arrest against him was issued on the same day,” Insp Musyoka said.

The prosecutor said that Mr Mbuvi was jointly charged with another person who attended court and took plea. The case for the MP was withdrawn on November 17, 2008 to facilitate the hearing of his co-accused’s case.

Mr Musyoka told the court that director of CID is investigating other allegations against the accused including a case whereby he escaped from lawful custody on April 6, 1998 while serving sentence at Shimo La Tewa prisons for impersonation.

“State has established that accused has many names including Mike Munga Musa, Hamisi Musa Swaleh, Michael Mwoki and Norwal Mwoki.

Others offences has been committed in Mombasa and Nairobi. The director of CID is requesting accused be remanded to police custody at Muthaiga for five days,” Insp Musyoka said.

He said that if released on bond he might jump bail as he did in this current case.

In her ruling the magistrate allowed the prayers by the prosecutor but reduced the days he requested the MP to be remanded to three.

“I will allow the application by the prosecution and order that the MP be remanded at Kileleshwa Police Station for three days until Friday,” the magistrate ruled.

Mr Mbuvi was brought to court under tight security and locked in court cells some minutes before 8 a.m. The court precincts was later jammed with his supporters, some walked on foot from Makadara while others came in vehicles.

They carried placards in support of their MP.

“Sonko is for the poor. He has never stolen somebody’s property. Release Sonko,” they shouted.

On Monday, the MP spent the better part of the day at the Criminal Investigations Department (CID) headquarters under interrogation.

Mr Mbuvi had been arrested in Buru Buru estate, Nairobi by a team led by the Officer Commanding Flying Squad Munga Nyale and driven to the Mazingira House at about 1:15 pm.

He was later taken to court but he could not plead to any charges because it was late.

The prosecutor said the MP could not be charged or any plea taken because he was taken to court after 5pm.