Lawyer’s Mistake Saves Gakuyo from Arrest
The court has lifted the warrant of arrest against controversial preacher Dr David Kariuki Ngare alias Gakuyo which was warranted for failure to appear in court for pre-trial last week.
Gakuyo who appeared before the Milimani senior principal magistrate Benmark Ekhumbi accompanied by his lawyers led by Ndegwa Njiru and Mbiu Kamau told the court that he never disobeyed the court’s order to appear for pre-trial but he recorded the wrong dates.
Kamau prayed for consideration by the court to lift the warrant asking forgiveness for the mistake of taking the wrong dates in his diary,
“Your honor I bare the blame for the accused not appearing and beseech you to lift the warrant issued by this court since the accused never failed to appear in court but I erred while taking the dates for pre-trial giving him the wrong dates,” Mbiu Kamau pleaded.
His counterpart Ndegwa Njiru informed the magistrate that the accused appeared in the court of his own volition and prayed the court to lift the warrant issued,
“I highly regret the error that took place leading the accused to fail to appear in court on September 12, 2024, as ordered by the court, Ndegwa submitted.
The prosecution did not object to the plea by the defence and they requested to give directions on the matter.
In giving directions, the magistrate noted that the blame was not his as his counsel submitted bearing the blame,
“I concur with the counsel the that the accused availed himself in court voluntarily and I hereby vacate the orders of arrest,” the magistrate ruled.
The court further directed the matter be scheduled for hearing considering the versed witnesses who are expected to give their testimonies in the matter.
Gakuyo denied 13 counts of defrauding over 50,000 individuals and cooperate over Sh 1 billion through allegations that he would invest the money in interest-earning money market companies and real estate.
He was accused of defrauding members of the public in cahoots jointly with others who never appeared in court for the colossal sum.
The hearing was scheduled to commence on March 18, 2025, for three consecutive days and resume on April 28.