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EACC cases haunt James Gakuya, as MP seeks UDA Nairobi chairman post

Byadmin

May 1, 2024

The ruling United Democratic Alliance (UDA) grassroots elections in Nairobi and four other counties were held on Friday, 26th April, 2024 with various leaders drumming up support for their preferred delegates as the position themselves to clinch top seats.

In Nairobi county, Embakasi North Member of Parliament James Mwangi Gakuya marshalled his supporters to vote for his preferred delegates as he eyes the Nairobi county UDA chairmanship.

Gakuya, a man known to so often rub feathers with the law has is eyeing the top county party position as he makes wider political schemes to run for a different political seat come 2027 and leave his brother the current Nairobi Chief Revenue Officer Wilson Gakuya to run for MP in Embakasi North.

According to analysts, Gakuya could be barred to run should he not secure clearance from the directorate of criminal investigations and ethics and anti corruption commission in 2027 arising from Hus numerous court cases in for alleged land grabbing and corruption.

The third term MP has in the past being in the wrong side of the law with the DCI and EACC accusing him of irregular issuance of tenders to his relatives. When Nairobi Governor Johnson Sakaja offered him a job opportunity, he proposed his brother who is now the county chief revenue officer.

Gakuya is now fighting tooth and nail to capture the UDA Nairobi chairmanship with intension to use his position to intimidate officers from the DCI and EACC as well as hand his brother the UDA ticket to replace him as the Embakasi North MP.

However, in the run up to the elections, several opinion polls have placed Nairobi Governor Johnson Sakaja ahead of Gakuya for the UDA county chairman’s position.

Corruption Cases:

Anti Corruption Detectives from the Ethics and Anti-Corruption Commission (EACC) on 22nd August, 2018 arrested the Embakasi North MP.

EACC said the MP will face corruption-related charges for a yet to be disclosed case.

Gakuya was held at EACC Headquarters at Integrity Centre in Nairobi.

In 2015, Gakuya was arrested for allegedly defrauding former Makadara MP Benson Mutura of Sh7 million.

He was accused of obtaining the money under pretense that he was in a position to sell a piece of land No. Nairobi/Block 110/424. He was released on a cash bail of Sh1 million pending the hearing of the case.

In April 2018, Gakuya was arrested by detectives from the Ethics & Anti-Corruption Commission.

The Member of Parliament was arrested and faced corruption related charges.

Back in 2019, the Embakasi North MP James Gakuya was again arrested over the use of CDF money.

Gakuya was arrested for corruption related charges accused of breaking procurement laws to get businesses for his companies from the Constituency Development Funds (CDF) valued at more than Sh40 million.

Ethics and Anti-Corruption Commission officials pounced on him in the city after getting green light to arrest and prosecute him.

The issue was detected by banks, which noticed he was transferring CDF money to the family companies.

EACC spokesman Yassin Aila said investigations had shown the MP used family companies that he registered to do businesses.

“The businesses included construction works in the constituency. He used the companies to procure and supply for the CDF which is against the law,” said Aila.

In 2021, EACC opened an inquiry into Allegations of Procurement Irregularies at the Embakasi North Constituency Amounting to KSh51,351,357

The Ethics and Anti-Corruption Commission (EACC) commenced investigation after receiving a report on 21st August, 2021 on allegations of procurement irregularities and embezzlement of public funds amounting to KSh51,351,357 at the Embakasi North Constituency.

It was further alleged that the Member of Parliament for Embakasi North Constituency, James Gakuya, used his office to award tenders to his children and close associates. The tenders were allegedly for construction of classrooms, event hosting and roadworks within Embakasi North Constituency.

Allegation: MP’s daughter linked to four companies

Investigations established that the constituency awarded various tenders to four companies associated with the daughter of the Member of Parliament for the constituency.

Financial investigations revealed that several payments were made to the companies for various projects allegedly undertaken with the Embakasi Constituency.

Allegation: MP received Ksh10 million

Investigations revealed that the Member of Parliament received a total of KSh10,482,298 either directly or indirectly from the companies associated with the daughter and other close associates.

The MP is a signatory to bank account in one of the companies namely Ndakaini Hardware and Property Agencies.

Charges recommended to DPP

On 12th October, 2023 a report was compiled and forwarded to the DPP with recommendations to charge the Member of Parliament, the Fund Account Manager and directors of the four companies namely Ndakaini Enterprises Limited, Allica Investment Limited, Pride Wind Africa Limited and Ndakaini Hardware with the following offences;

(a) Two counts of conflict of interest contrary to section 42 (3) as read with section 48 of the Anti-Corruption and Economic Crimes Act, 2003;

(b) Five counts of unlawful acquisition of public property contrary to section 45 (1) (a) as read with section 48 (1) of the Anti-Corruption and Economic Crimes Act, 2003;

(c) One count of abuse of office contrary to section 46 as read with section 48 (1) of Anti-Corruption and Economic Crimes Act, No. 3 of 2003;

On 6th December, 2023, the DPP returned the inquiry file with recommendations for further investigations.

On February 23, 2024, MP Gakuya was named among individuals set to be prosecuted over graft related charges following recommendations by the Ethics and Anti-Corruption Commission.

In its fourth quarterly report that has since been gazetted, EACC says it has received green light from the office of the Director of Public Prosecutions to charge Gakuya alongside other individuals.

Gakuya was on the radar of EACC with the legislator accused of awarding various tenders to four companies associated with his daughter with financial investigations revealing that several payments were made to the companies for various projects allegedly undertaken with Embakasi North Constituency.

According to EACC, Gakuya received a total of 10,482,298 shillings either directly or indirectly from the companies associated with the daughter and other close associates with the MP said to be a signatory to bank account in one of the companies namely Ndakaini Hardware and Property Agencies.

The MP, NGCDF Fund Account Manager and directors of the four companies namely Ndakaini Enterprises Limited, Allica Investment Limited, Pride wind Africa Limited and Ndakaini Hardware were charged with two counts of conflict of interest, five counts of unlawful acquisition of public property and one count of abuse of office.
The Embakasi North MP is now among individuals set to be prosecuted over graft related charges following recommendations by the Ethics and Anti-Corruption Commission as the commission continues to dig up more evidence against the MP.

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