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Court to Rule on Bond for Kitui MCA Charged With Stealing Millions in Mobile Phone

"Your Honour, the allegations in the affidavit do not disclose where the accused was arrested, when he was arraigned  and before whom. The arrest warrant attached is not certified, and no one can tell its authenticity," the lawyer said.

A Milimani court will determine whether to release a Kitui Member of County Assembly MCA charged with stealing mobile phones worth millions of shillings on bond.
The plea to release Cyrus Kisavi Musyoka, Ikanga Kyatune Ward MCA, was made by his defence lawyer, requesting the court to dismiss the prosecution’s prayers to deny him bond.
The lawyer urged the court to release him on reasonable bond and bail terms, citing that the accused’s place of abode is known, considering he is a sitting MCA in Kitui.
“Your Honour, my client is an MCA in Kitui County Assembly, and he will comply with this court’s directions,” the lawyer submitted.
The lawyer urged the court to dismiss the affidavit sworn by seargent Adan Dima to deny the accused bond, alleging that he had absconded from a Makadara court where the file was closed but a warrant remained in cause.
“Your Honour, the allegations in the affidavit do not disclose where the accused was arrested, when he was arraigned  and before whom. The arrest warrant attached is not certified, and no one can tell its authenticity,” the lawyer said.
He also added that the officer who swore the affidavit is not the one investigating the case and urged the court to ignore it.
On their part, the prosecution insisted that they have given compelling reasons to deny bond to the accused and prayed the court to consider their application.
The MCA has been charged with stealing mobile phones in three separate incidents involving consignments worth millions of shillings in Nairobi.

He was charged on Tuesday before Milimani Principal Magistrate Geoffrey Onsarigo and denied stealing 42 mobile phones valued at Sh609,000 from a parcel office along Luthuli Avenue.

The charge sheet states that Musyoka committed the offence on August 5, 2026, at Yare Parcel Office, where he allegedly stole 42 Itel City 200 handsets, each valued at Sh14,500, belonging to businessman Dahir Adan Mohamud.

He was charged with stealing contrary to Section 268(1), as read with Section 275 of the Penal Code.

But the Luthuli Avenue incident is not the only case facing the legislator.

Musyoka was also presented with two other separate charges relating to alleged thefts at courier and distribution premises in Nairobi.

In the second additional charge, the prosecution alleges that on August 18, 2026, at North Rift Shuttle along Mfangano Lane, he stole 126 Itel A200 mobile phones valued at Sh1.801 million belonging to Simon Gitonga, allegedly acting jointly with other persons who were not before court.

The third charge relates to an alleged theft on September 14, 2026, at Chania Genesis Limited offices along River Road, where he is accused of stealing 20 Samsung A07 mobile phones worth Sh420,000 belonging to Ezekiel Kamau Gichuki.

The fresh cases add to previous allegations involving the MCA, including a 2024 phone theft case and a 2025 investigation into mobile phone accessories valued at approximately Sh1.9 million.
In an application filed at Milimani Law Courts, Directorate of Criminal Investigations through investigating officer Corporal Edgar Opili told the court that detectives were investigating several complaints involving mobile phones allegedly stolen while in transit.

The investigator claimed the suspect targeted consignments at courier companies’ premises or fraudulently diverted their delivery destinations.

“The total value of the stolen phones stands at Kshs.4,906,050.00 at the moment,” the application states.

Detectives further said investigations were incomplete, with crucial witness statements yet to be recorded and forensic analysis of CCTV footage still pending.

They also wanted to identify and arrest alleged accomplices suspected of helping transport and dispose of the missing phones.

The court will determine his bail application on November 18, 2026.
He was detained at Kamukunji police station until then.

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