The case against Nakuru Town East Member of Parliament David Gikaria has been dismissed.
Gikaria had been accused of vandalising street lamp posts. Principal magistrate Felix Kombo dismissed the case citing lack of evidence linking the MP to the theft syndicate.
“The prosecutor did not point out evidence linking the MP to the theft. The prosecution has miserably failed in their investigations as they could not prove to the court that the MP was the mastermind of the theft,” he noted.
Gikaria’s lawyer, Olaly Chache, had submitted that of all the six witnesses who testified, there was no eye witnesses who saw the MP carry out the illegal activity. The investigative officer, Stanley Selim, also could not support his allegations that the stolen goods were hidden at the MP’s house.
He explained that he acted upon information presented to him by the municipal askaris and proceeded to summon Gikaria to record a statement. Kombo cited that there is no proof that the stolen items belonged to the municipal council neither did they make any reports about any missing streetlights and lamp posts.
Gikaria was acquitted under section 210 of the constitution where the accused is set free after the prosecution fails to prove its case. He said the case levelled against him had been fuelled by his rivals who were out to ensure he did not clinch the parliamentary seat.
The MP was out on bond of Sh60,000 for the case. He had been accused of stealing steel lamp posts, lanterns and one road sign post, all valued at Sh210,000 on diverse dates between July 2 and 4, 2012.