MP fights his trial, says case malicious

Kitui MP Charles Mutisya Nyamai has gone to court seeking to stop his trial for allegedly obtaining wooden poles by false pretences in a Rural Electrification Project in Machakos County.

In his suit against the Director of Public Prosecution and the Milimani Chief Magistrate, he claims that charges laid against him are aimed at merely embarrassing him as a legislator.

Through lawyer Nicholas Kamwendwa, he disclosed that the charges arise from a botched contract of supplying 870 treated wooden poles for electricity transmission for lighting Kithimani-Makutano road within Machakos County, two years ago.

He claimed that his company, Globyte Communications limited got into an agreement with another company called Gamu Woodworks to deliver the said poles at a cost of Sh6,119,000 by January 15.

He also claimed that another company called Simba Merchandising requested to use the MP’s firm’s documents to secure a similar contract.

It is this third company that got the MP into trouble as it attempted to deposit cheques at the Kenya Commercial Bank which were rejected.

According to the MP, instead of the police pursuing the owner of the said company, they have conducted investigations on him for obtaining money by false pretence.

He claims that he was summoned to Central police station over the matter but he instead got arrested for obtaining 706 wooden poles by false pretence from Simba merchandising company.

He claims he was denied the chance to record a statement and that his finger prints were forcibly taken and was expected to be charged with the said offense.

He argues that if his trial proceeds, it would be a violation of his right as he has not been granted sufficient time to prepare his defence.

“The sued parties are obligated to protect and promote principles of the Constitution and interest of justice to prevent abuse of court process which it has failed to do in this matter,” Mr Kamwendwa said.

He was arraigned in court on May 4 and charged with the offense of obtaining goods by false pretence and was released on a Sh100,000 cash bail.

The trial is set to kick off on November 31.

He claims that he has no contractual relationship with Simba merchandise yet charges against him were investigated.

He now wants an order issued quashing his trial.

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