Embakasi North Member of Parliament James Gakuya has suffered a setback after the High Court dismissed his attempt to block criminal proceedings against him in a case involving allegations of forgery and conspiracy to defraud.

In a ruling delivered by Justice Bahati Mwamuye on Wednesday, the court found that the petition filed by the legislator lacked merit and upheld the mandate of investigative and prosecutorial agencies to proceed with the case without interference.

"The fight against corruption and fraud requires courage and resolve from all state agencies, including the courts. This court will not be a sanctuary for those who seek to subvert the course of justice," the judge stated.

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The petition, which had temporarily halted the criminal proceedings, challenged the decision by the Director of Public Prosecutions (DPP) to charge Gakuya over allegations linked to fraudulent dealings, including suspected forgery of land documents and alleged misappropriation of Constituency Development Fund (CDF) resources.

The court had earlier issued conservatory orders suspending the Nairobi Chief Magistrate’s criminal case, effectively freezing the prosecution pending the determination of the constitutional petition.

However, following the final determination, those orders have now been vacated.

"The conservatory orders issued by this court on 11 May 2022, staying the criminal proceedings in Nairobi Chief Magistrate's Criminal Case No. E448 of 2022 is hereby vacated and set aside," the judge ruled.

Delivering the judgment, Justice Mwamuye emphasised that while the Constitution of Kenya 2010 guarantees fundamental rights and freedoms, including fair trial protections, those rights cannot be used as a shield against lawful criminal accountability.

“The Constitution also establishes institutions such as the DPP and the Ethics and Anti-Corruption Commission (EACC) with a mandate to investigate and prosecute crime and corruption,” the judge stated.

“These institutions must be allowed to perform their functions without undue interference, except in cases of clear illegality or abuse.”

The court noted that investigations conducted by the Directorate of Criminal Investigations (DCI) had pointed to what it described as serious allegations involving alleged forgery of land documents.

It further held that the EACC’s parallel investigations into the alleged misuse of public funds fell within its statutory mandate.

Justice Mwamuye also found that the decision by the DPP to institute charges against the legislator was a rational exercise of prosecutorial discretion.

Additionally, the court ruled that a search conducted at the MP's residence was backed by a valid warrant and therefore lawful.

Gakuya had argued that the criminal case was politically motivated and amounted to persecution, claims the court dismissed for lack of sufficient evidence.

He had also cited the existence of parallel civil proceedings and alleged violations of constitutional rights, including legitimate expectation and fair administrative action.

However, the court rejected these arguments, stating that they were unsubstantiated and could not justify halting criminal proceedings.

"To grant the order sought would be to set a dangerous precedent where public officials can evade criminal accountability by raising the shield of political victimisation and pointing to concurrent civil proceedings," the judge observed.

Justice Mwamuye further underscored the importance of safeguarding anti-corruption efforts, stating that courts must not become safe havens for individuals seeking to frustrate the course of justice.

In conclusion, the court dismissed the petition dated 2022 and ordered that each party bear its own costs.

The ruling effectively allows the case to proceed.