Court issues arrest warrant on Mungatana

A warrant of arrest has been issued against Garsen MP Danson Mungatana and directed that he appears in a Mombasa court on Monday.

Mombasa chief magistrate Stephen Riechi issued the warrant after the MP failed to show up in court as ordered to answer to charges of issuing bad cheques.

The court had earlier been told that the MP was admitted at Karen Hospital but the prosecutor Samson Kiptum later confirmed that he was not at the hospital.

A medical report signed by a Dr Gikonyo which was adduced indicated that he was on bed rest.

Mr Mungatana, who was represented by the firm of Miller and Company advocates, then requested for 10 days to present himself in court, but the magistrate declined arguing he had been playing delay tactics to avoid being charged.

The MP failed to appear on Monday after the court was informed that he had been taken ill and advised to take a bed rest but there were no supporting documents.

The legislator is wanted for allegedly issuing three cheques of Sh700,000 each to Chwile Investments Ltd on June 20, 2011 which were to be drawn on his account at Co-operative Bank knowing that the said account had insufficient funds.

He had moved to the High Court to have the criminal proceedings suspended after former Mombasa chief magistrate Rosemelle Mutoka ordered him to appear in court.

He has also sought for an order that he pays the complainant his debt of Sh2.1 million by installment.

High Court judge Francis Tuiyott however dismissed the application saying that none of his fundamental rights were adversely affected or threatened.

“It is therefore my respectful view that the police had no constitutional obligation to give the petitioner written reasons for preferring charges against him,” said Mr Tuiyott.

He is expected to be in court on October 15, 2012.