Former mayor, wife acquitted in fraud case

Former Nyeri mayor James Wanyaga Gathaka and his wife Mary Wanjugu have been acquitted of fraud charges involving sale of land worth Sh900,000.

The two faced charges of obtaining and defrauding Sh750,000 from Peter Chania Magere by falsely pretending to be in position to sell a 0.25 hectare land in Aguthi/Gatititu location.

They were also accused of obtaining Sh150,000 from Esther Wangari Mwangi by pretending to sell a 1/8 piece of land to her, knowing it was false.
They committed the offences on November 22, 2010 in Nyeri town.

However, through lawyer Wahome Gikonyo the two contested that the case was a civil matter disguised as criminal and successfully urged court to dismiss it.

The prosecution had presented seven witnesses in the case which the lawyer said was mistrial of the accused persons.

The lawyer told the court that the matter was ‘a commercial transaction civil in nature which had gone wrong’ adding that the agreements entered between the parties were not clear.

Mr Gikonyo also submitted that court process was misused as he lashed out at the complainants for rushing to the police.

He said transfer of the land was to be effected upon discharge by Agriculture Finance Corporation (AFC).

In the ruling, Senior Resident Magistrate Onesmus Towett said there was no doubt the accused persons received money from complainants in purchase of land.

“Exhibits were binding agreement by both parties. Accused were willing to transfer the land. Nothing was transacted without knowledge of the complainants,” observed the court.

The court, while setting the accused at liberty, noted that the matter can be pursued as a civil case and dismissed it as a criminal case.