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From Parliament to Remand: Ex-MP Kabeabea Detained Over Multiple Fraud Cases
"In the circumstances, the accused has absconded, and a warrant is not yet lifted. So he will be detained in custody and produced to the relevant court tomorrow to take plea," the Magistrate said.
The Nairobi court has detained a former Tigania East Member of Parliament, Josephat Mwirabua Gichunge, also known as Kabeabea, at Industrial Area Remand Prison, awaiting him to take a plea tomorrow in an anti-corruption court where he absconded.
While detaining him, Milimani Chief Magistrate Lucas Onyina considered the application by the state counsel HIllary Isiaho, applying for stringent terms against the former legislator, notifying the court that he has absconded from court and a warrant of arrest was released.
“I have considered the application by the defence and the prosecution, and there is no doubt that the accused absconded from the court,” the Magistrate said.
He added that the principle for bond is whether the accused person will appear for trial if released. “In the circumstances, the accused has absconded, and a warrant is not yet lifted. So he will be detained in custody and produced to the relevant court tomorrow to take plea,” the Magistrate said.
The prosecution had not opposed the release of the accused on bond but urged the court to put stringent terms considering the nature of the offence and the fact that he had absconded, and a warrant of arrest was issued.
“Though we do not oppose the release of the accused on bond, we urge for stringent terms considering he has absconded from the anti-corruption court session and a warrant of arrest has been issued and yet to be lifted,” Isiaho told the court.
The state counsel notified the court that the accused has other cases in Kajiado and in the anti-corruption court, and he was charged last week in a different criminal court in Milimani.
“Your honour, the Kajiado matter E873/2025 is yet to take plea, but the production order was issued, and he was not produced. The case will be mentioned on June 23, 2026,” he added.
The lawyer further added that in the matter EACC 065/2025, the accused was charged and absconded, and the court released a warrant for his arrest.
He urged the court to consider the factors while determining bond or cash bail.
In defence, Dancun Okach, representing the accused, submitted that having more than one case in court is not indicated anywhere in law and insisted that the accused still holds the presumption of innocence until proved otherwise.
He told the court that the prosecution is misusing his powers, considering that the investigation of the matter started in 2020, and the accused was charged in 2025.
“I plead with this court to grant the accused bond or cash bail, considering he has served this country. He is not employed after losing his job following the charges filed in court,” Okach said.
According to the court documents seen by Spotlight Justice, he conned twelve individuals out of different amounts in the guise of selling them a plot of land with two complete greenhouses, which was a lie.
Gichunge was charged with twelve counts of obtaining over Ksh 25 million by false pretence.
The court heard that the accused pretended to be in a position to sell a plot of land with two complete greenhouses, which was a false fact.
The Magistrate ordered the accused to be detained in the Industrial Area Remand and be produced before the Anti-Corruption court tomorrow for plea-taking.
