Makadara MP Gidion 'Sonko' Kioko Mbuvi, alias Musa, yesterday spent hours at the basement cells at Mombasa Law Courts after being charged with fraudulently obtaining over Sh1 million from a businesswoman.
He appeared in court to honour a summons in another fraud case, but as soon as the case was finalised another file with his name was mentioned, and he had to move to the dock to answer to fresh charges.
The MP, who was represented by lawyer Gakuhi Gachuri, was ordered to raise a Sh900,000 surety bond by Chief Magistrate Rosemelle Mutoka, after he denied the charges.
He denied that on November 13, 2009, at Martin Tindi and Company Advocates office in Mombasa, jointly with others not before court, he obtained Sh1,050,000 from Najma Ali Ahmed pretending he was in a position to sell her a plot.
The prosecution asked to be allowed to take the politician's fingerprints. His lawyer’s attempt to have him released on cash bail was rejected by the magistrate who directed that he first try to get the surety bond. “The accused is an MP and will abide by any requirements the court may deem fit, we pray for an alternative of a cash bail,” his lawyer said. Sonko later raised the surety and was released.
The prosecution asked the court to consolidated the case with another which began in 2009, and the two were fixed for hearing on March 25.
In the other case, Sonko, Kwale Lands Registrar Alex Mutua, Rongai Butchery proprietor Michael Waweru and Ms Imelda Kasiaka are wanted over a Sh5 million fraud.
Their names were adversely mentioned by Ruwa Mwaruwa Kurera, a land broker who is facing four counts of forgery, uttering a false document and obtaining money by false pretence, in a confession over the deal.
Kurera in his statement said he received the money which was in his Equity Bank account, but ended up taking Sh350,000 in two instalments, and wants his accomplices to pay the rest.
Kurera yesterday sought to withdraw his confession that implicated Sonko. The prosecution said Sonko and the other accused will be cross-examined and may be treated as witnesses when the hearing resumes on 5 April.
The prosecution applied that the matter be referred to the Criminal Investigation Department for further investigations. The court in the afternoon dismissed the application by the prosecution for the matter to be referred to the CID.
Kurera is accused of forging a certificate of lease for a plot in Kwale purporting it was signed by the Kwale District Land Registrar on March 2, 1999.
Kurera is also charged with making a false lease for the plot in Kwale/Diani beach, purporting it to be genuine and further, on July 14, 2010, at Gakuo and Kibara Advocates in Mombasa, he uttered the forged lease.
The court heard that between April 17 and 20 last year, he obtained Sh5 million from Jane Wanjiku Githere, pretending he was the owner of the plot.
Githere is the proprietor of the lavish Moffat Court apartments in Nyali and was represented in court by lawyer Francis Kadima. The magistrate expressed her anger after hundreds of youth accompanying Sonko stormed the court and caused a commotion.
Business at the law courts was paralysed as the youth, who were allegedly ferried to Mombasa in one bus, sang outside the courtroom, giving court orderlies and security details a hectic time.
The MP arrived at the courts at 8am, even before the gates had been opened. The court corridors and court number one, where Chief Magistrate Rosemelle Mutoka sits, was filled to capacity as the youth and residents gathered to listen to the proceedings.
Crowds pulled and pushed in the packed courtroom as Sonko made his way to the front. He was dressed in a yellow and green striped T-shirt, a pair of jeans and open shoes.
When Sonko was entering the court room, after his bodyguards shoved others aside, the magistrate questioned who was responsible for all the commotion. “I will not allow anyone to come here with such kind of commotion, where are the orderlies,” Mutoka said.
Outside, the youth sang and danced as they played instruments, to the surprise of some court users who were caught unawares. The crowd occupied all the seats including those reserved for the lawyers.
The court remained a hive of activities even after Sonko was led to the basement cells by orderlies after denying the charges. Riot and regular police kept an eye on the youth who had blocked the road outside the law courts, as they continued singing in praise of the politician.
Sonko addressed his supporters at the car park after he was released, under the watchful eye of the police.
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