Mathira Member of Parliament Rigathi Gachagua has moved to court to stop what he terms as impending arrest over fraud allegations.
Kahawa Tungu understands that the embattled MP is also seeking anticipatory bail should the Directorate of Criminal Investigations (DCI) and Director of Public Prosecutions (DPP) go-ahead to press charges against him in relation to investigations on his accounts over claims of money laundering.
In his application, the MP, through lawyer Simon Mburu, accuses the state of political persecution, linking his woes to his association with Deputy President William Ruto.
“I have a genuine fear that I will soon be arrested and charged with offences I do not know. My impending false arrest is based on my political standing. It will be malicious and devoid of merit to arrest me without any evidence linking me to any crime,” said Gachagua.
According to the MP, despite his arrest on October 26, 2020, and more than five subsequent summons, he has not been furnished with information regarding the investigation into aleged fraudulent dealings.
Investigations into the MP’s bank account, the lawyer said, had not revealed any discrepancies to implicate his client in any crime.
“He wasn’t even informed about the reasons for his arrest last year and is likely to be arrested on trumped-up charges, which would amount to malicious prosecution with an ulterior motive. It will be a waste of the court’s time to arrest and charge him only to be acquitted later for lack of evidence,” said Mburu.
Prior to his arrest last year, Gachagua had his bank accounts frozen as detectives probed the source of the billions that passed through his accounts.
Three of the accounts frozen by the Asset Recovery Agency reportedly held Ksh202 million, Ksh165 million and Ksh35 million. Two others had Ksh1.1 million and Ksh700,000.
He is alleged to have used proxies to fraudulently secure tenders using 22 companies with him as the sole beneficiary.
Detectives probing the matter are said to have visited at least five counties, government parastatals and his own National Government Constituency Development Fund where he is suspected to have fraudulently won tenders using 22 companies.
The MP’s latest move comes just days after he was sued over land fraud.
In the suit before the Environment and Land Court, John Michael Ohas, a former director of physical planning at the Land ministry accuses the MP of grabbing five acres of land near Jomo Kenyatta International Airport valued at more than Ksh1.5 billion.
The former civil servant wants the title deed of the land revoked.