Bishop Gakuyo charged with 12 counts of obtaining money by false pretense

Piece by: SHARON MWENDE
News

•Gakuyo who is charged alongside Ekeza Sacco, between 2015 and 2018, conspired to steal Sh1,052, 746.094 from the sacco members.

Bishop Gakuyo

Televangelist David Ngari alias Gakuyo was on Monday charged with conspiracy to commit a felony and 12 counts of obtaining money by false pretense.

According to a charge sheet present before Principal Magistrate Benmark Ekhubi, Gakuyo who is charged alongside Ekeza Sacco, between 2015 and 2018, conspired to steal Sh1,052, 746.094 from the sacco members.

Under the charge of obtaining money through false pretence, the court heard that the accused persons obtained Sh553,050 from the Step by Step Welfare Association by falsely pretending they could sell the land.

This allegedly took place between March 14, 2016 and February 21, 2017.

In March 2017, they allegedly, with an intent to defraud her, obtained Sh2.5 million from Wairimu Mwangi by claiming that Gakuyo Investment Club was carrying out businesses that could attract two per cent interest.

They were also accused of receiving Sh170,000 from Mwangi under the false pretence that the Sacco could grant a loan three times the amount invested.

Further, the court heard that Gakuyo and Ekeza Sacco, with an intent to defraud obtained Sh1.2 million from Edward Nduati claiming that Gakuyo Investment Club was carrying out businesses that could attract two per cent interest.

They are also charged with receiving Sh3,782,400, from various persons on diverse dates at different locations in the country, by falsely pretending that the Sacco could grant a loan three times the amount invested.

Gakuyo and Ekeza are also charged with obtaining money from two persons under the pretense that they could sell the land.

The money summed up to Sh436,875.

The offences of obtaining money under false pretense were allegedly committed on various dates from February 9, 2016, to September 13, 2018.

The Office of the Director of Public Prosecutions said they occurred at various locations including Gakuyo Real Estate Limited Offices at Nairobi, Thika and Limuru branches, and Ekeza Sacco offices.

Gakuyo pleaded not guilty to all the counts under his name.

The second accused was however not present in court and thus did not plead to the charges.

Noting the same, the Prosecution stated that Gakuyo was a director of Ekeza Sacco and should have responded to the charges.

Lawyer Henry Kinyanjui requested an arrest warrant owing to the above.

This was however refuted by the preacher's counsels led by lawyers Ndegwa and Danstan Omari.

They maintained that Gakuyo was not a director of the company.

Standing to represent the sacco, Omari said his client had not been served with the summons to appear before the court and requested the same.

At the same time, the defence requested for release on bail, urging the court to consider Gakuyo's career and the presumption of innocence until found guilty.

"Your Honor, the terms imposed should not be so high as to go beyond human consumption. I urge the court to grant him a reasonable and affordable bond of one billion," Omari submitted.

In response, Kinyanjui noted the court's discretion on the bail/bond terms.

He however urged the court to order that Gakuyo submits his passport as a prerequisite for being released on the terms.

He said the matter was one of public interest due to the amount of money and number of victims involved.

He also urged the court to take into account that there are other investigations ongoing in the matter.

Upon determination, the court released him on a bond of Sh20 million with two sureties with an alternative of cash bail of Sh10 million with two contact persons.

"The contact persons are to be examined by the court and one must be a public officer," Ekhubi ordered.

Further, he directed Gakuyo to deposit his passport in court and not interfere with the said investigations.

The court also issued a summons for Ekeza Sacco to appear for plea-taking.

The matter will be mentioned on March 7.

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