MP asks to use M-Pesa, phone records in case against him

By PAUL MUTUA

Kitui, Kenya: Kitui Rural MP Charles Nyamai wants a Kitui court to order Safaricom to release cell phone call records and M-Pesa transactions of a complainant and two other people in a case against him.

Nyamai seeks the orders to verify whether the complainant, a Nigeria-based health and safety consultant – Augustine Kithinzi Makau, allegedly received some Sh40,000 from his political rival Solomon Ndonye to flaw the Wiper Democratic Party nominations in January last year.

Nyamai’s defence counsel, Nicholas Kamwendwa and Morris Kimuli, told Acting Chief Magistrate Alfred Kibiru that the records sought from Safaricom will enable their client prepare sufficient defence to prove that the case is politically motivated.

REQUEST CONTESTED

The counsel said they want to counter Makau’s denial that money changed hands and that there was a conspiracy between the complainant, Ndonye and the Returning Officer Julius Musau to rig out Nyamai in the Wiper nominations.

“We pray for an order to compel Safaricom to release telephone calls and M-Pesa transactions between Makau, Ndonye and Musau for the period between January 1, 2013 to date. This will help us prepare our

However, prosecutor Joseph Mutia objected to the application arguing that the case before the court only zeroed in on assault and causing disturbance and not about corruption.

“The defendant’s application can only be made through the High Court,” Mutia said.

Makau’s advocate, Ben Musundi, urged the court to ignore Nyamai’s application saying it is an ambush and an attempted manipulation of the trial.

Musundi said if the court grants the defence’s prayers, it will be giving them leeway to defeat justice and prejudice the trial.

DENIED CHARGES

The judge said he will rule on the defence’s application on April 30.

The magistrate was hearing the case where the MP and his Constituency Development Fund manager Benjamin Mutisya Mwanzia are accused of assault and creating disturbance likely to cause a breach of peace.

They have denied the charges allegedly committed at Kiseuni area in Lower Yatta District, Kitui County on January 17, 2013.

Makau testified how the MP and Mwanzia accosted him, forcibly pulled him out of a truck he was in before Nyamai inflicted him with bodily injuries.

The complainant further denied the defence’s claims that he was an imposter to the Wiper party nominations and that Ndonye sent him money to “fix” the MP.

“I was duly recruited by Wiper Party as a co-ordinator to oversee the party nominations in Kanyangi ward. On the day in question at about 4:15pm, the MP and his co-accused confronted me at Kiseuni area where they assaulted me and rallied voters against me. During the commotion, I lost my bag containing a laptop, modem and memory stick,” Makau testified.

NO HELP

He said it took him by surprise when the then Kwavonza Officer Commanding Station (OCS) just watched as Nyamai allegedly assaulted him and at one point even demanded that he let go of election materials he had.

“The OCS just stood by and watched as Nyamai held me from behind before he (OCS) shouted at me “hata hiyo folder leta” (release that folder as well). The folder was then grabbed from me by the MP’s bodyguard,” Makau said.

He said police at Kwavonza where the OCS was in-charge declined to take his statement and book the incident in the occurrence book until he sought intervention of Kitui OCPD who directed him to the Criminal Investigation Officers who later arrested the accused persons.