A Magistrates court Friday declined a request by the police to hold Televangelist David Ngari Gakuyo for four days pending further probe into allegations of embezzling Sh1billion from members of his Ekeza Sacco.
Milimani Magistrate Geoffrey Onsarigo instead ordered he be detained for one day.
He also said since the investigations are at an advanced stage, Gakuyo be availed in court on Monday next week for plea taking.
According to the police, they have been investigating Gakuyo over a case of conspiracy to commit a felony, obtaining money by pretenses, stealing, and money laundering involving over Sh1.3 billion
Onsarigo considered the investigation officer’s statement that the investigations were at an advanced stage
“The application by the prosecution partly succeeds in public interests, I have taken into account that the respondent was arrested on February 21, the investigations must be ongoing.”
“The respondent will be held at Muthaiga police station for one day and that is today,” said the magistrate.
Subsequently, the court ordered Gakuyo to be availed on February 26, for plea-taking purposes.
Police had on February 22, asked the court to grant them four days to detain Gakuyo pending investigations into him and companies associated with him.
The companies include Ekeza Sacco Society Limited, Gakuyo Real Estate, and Gakuyo Investors Club.
The investigating officer said that active investigations were underway involving a case of conspiracy to commit a felony, obtaining money by false pretense, stealing, and money laundering.
The investigations allegedly involve over Sh1.3 billion obtained from about 50,000 unsuspecting Kenyans who entrusted their money to the televangelist.
The court heard that there was public outcry from said victim over funds lost or allegedly stolen by Gakuyo and his companies.
The investigation officer told the court that Gakuyu is a flight risk who is likely to escape the jurisdiction of the court owing to the fact that on February 21, they intercepted him at Jomo Kenyatta International Airport while in transit to Zambia and subsequently arrested him.
“The Respondent is likely to interfere with the ongoing investigations including contacting critical witnesses and concealing material documents necessary and relevant to the investigations.”
Also Read: Gakuyo to Know Fate on Friday in Sh1.3 Billion Fraud Case
The court heard that the investigations commenced in early 2019 and at the time they were investigating reported allegations of conspiracy to defraud.
The Office of the Director of Public Prosecutions (ODPP) had given the green light to charge the businessman with the charge over allegations of embezzling over Sh1 billion from members of his Ekeza Sacco.
The case is among 12 that the DCI had opened about the transactions that Gakuyo had with some locals in Kiambu.
The DCI had 12 files each with 25 complaints.
But only one file came back with consent to charge him and that is why he was held, officials said.
This prompted police to move to arrest him.
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