- The MP was charged with fraudulently selling a matatu to a businessman in 2017.
- Barasa insists that the case is civil and not criminal as the police had made it.
Image: FILE
Kimilili MP Didmus Barasa was on Tuesday arraigned in Kajiado over the sale of a mortgaged matatu to a businessman.
Court documents showed that on March 17, 2017 in Kitengela, he sold a Toyota Hiace KBX 734E without the consent of Uwezo Microfinance Bank.
Through his lawyer John Khaminwa, Barasa asked the court to release him on reasonable bail terms arguing that he is a MP and will adhere to all conditions given by the court.
He was released on Sh50,000 cash bail. The case will be heard on November 27.
Last month, Barasa moved to court to stop his arrest. Judge Luka Kimaru barred the police from arresting him but directed him to appear in Kajiado to take a plea.
The MP had claimed that he was being harassed by the police over a civil matter that had now turned criminal. He claimed his woes arose from his support for Deputy President William Ruto.
In his application on July 17, Barasa said he sold the vehicle to Irungu Mwangi through an agent but the buyer broke their sale agreement leading to the current standoff.
“Irungu being in breach of the agreement has chosen to make unwarranted allegations against the MP seeking to extort from him a colossal sum of money under the guise of compensation for a non-existent breach of the sale agreement to purchase the vehicle,” his application reads.
The MP said he had been receiving calls from people who alleged that they worked for the NIS. They told him to go slow on matters to do with his support for DP Ruto or he would be targeted with court cases.
The legislator told justice Kimaru that Mwangi has used police officers to harass him under the guise of a criminal investigation.
Barasa argued that the alleged complaint is a civil and not a criminal matter as the complainant has other avenues open to recover any money from him.
“The intimidating, oppressive, unreasonable and threatening conduct and behaviour of the police officers is causing the MP to suffer untold mental anxiety with serious ramifications to his mental and physical state in complete contravention of his rights,” read court documents.
According to court papers, the MP operated three matatus in Kitengela. Business being bad, he decided to sell them and instructed an agent to find buyers.
One of the vehicles was sold to Mwangi and they signed an agreement.
“Since I had taken a loan with Rafiki Micro Finance Ltd with the vehicle as security and I still had an outstanding balance of about Sh187,000 I instructed them to tell him that I was selling the vehicle at Sh700,000 and that Sh500,000 should be deposited in my account and the balance of Sh200,000 be paid directly to Rafiki Micro Finance to enable release of the logbook,” reads court documents
However, Barasa claims that Irungu did not deposit the 200,000 to Rafiki as agreed.
Edited by Henry Makori