By NATION CORRESPONDENT
Posted Monday, February 14 2011 at 21:00
A Mombasa court on Monday issued fresh summons against Makadara MP Gidion Mbuvi popularly known as ‘Mike Sonko’, requiring him to attend court in connection with a Sh5 million fraud case.
Chief magistrate Rosemelle Mutoka said the summons must be effected by February 24 when the case will be mentioned.
Monday’s fresh orders came in the wake of failure by the court orderlies to serve the MP with summons issued last Thursday by the same court.
Not at his home
Prosecutor Dominic Mate conceded they did not succeed in serving Mr Mbuvi with the summons as he was not at his Nairobi home when court orderlies visited.
Ms Mutoka extended summons issued against Mr Moses Waweru of Rongai Butcheries and Ms Imelda Khakavu who were mentioned alongside Mr Mbuvi and a land registrar, Mr Alex Mutua, who were all present in court on Monday.
The summons was issued after Mr Ruwa Mwaruwa Kurera, a broker charged with obtaining Sh5 million through pretences, named Mr Mbuvi as one of those involved in a transaction over a beach plot in South Coast.
Mr Kurera is alleged to have obtained the cash from Ms Jane Wanjiku Githere, jointly with others not before court, by pretending that he was the owner of the prime plot.
The accused is alleged to have committed the offence between April 17 and 20, last year, in Mombasa.
It is also alleged that on March 2, 1999, jointly with others not in court, he forged a certificate of lease for the plot purporting to have been signed by Kwale district land registrar.
The accused is also charged with making a document without authority and uttering a false document.
He allegedly committed the offences jointly with others not before court on March 2, 1999 and July 14, last year.
During hearing, the accused admitted getting Sh350,000 out of the Sh5 million in the deal.
Lawyer Gikandi Ngibuini for Mr Waweru and Mr Mutua said the prosecution had not mentioned any legal provisions conferring the court powers and jurisdiction to issue the summons against those mentioned in the case.
“If there are any allegations, they ought to be presented to the police for them to investigate,” Mr Ngibuini said adding that if the accused made allegations that touched on those mentioned, the prosecution ought to arrange with police to investigate.
Mr Mate said the matter needed to be referred to investigators and the court be furnished with a report.
Make a recording
Lawyer Francis Kadima, for Ms Githere, said the court was within the jurisdiction to make a recording of the accused admitting the offence.
The accused claimed that after the deal was unearthed, he was told that they should disappear but they were all arrested “...except Sonko, Michael Mbuvi, now the MP for Makadara.”
Mr Kurera had expressed his willingness before court to pay Ms Githere back her money.
He mentioned the MP in his written statement.
He mentioned the MP in his written statement.
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