Kitui MCA Cyrus Musyoka: Faces New Theft Charges for 146 Smartphones

• Kitui County Assembly Member Cyrus Kisavi Musyoka faces multiple theft charges involving smartphones valued at approximately Sh2.83 million.
• The latest charges concern the alleged theft of 146 smartphones worth over Sh2.2 million from two separate incidents in Nairobi's CBD.
• Musyoka pleaded not guilty to all charges, which fall under Sections 268(1) and 275 of the Kenya Penal Code.
• The Office of the Director of Public Prosecutions opposed bail, citing the seriousness of the allegations and Musyoka's history of failing to appear in court.
• The court ordered Musyoka's detention until November 18, when a ruling on his bail applications is expected.

The prosecution firmly opposed his release on bond, emphasizing the gravity of the allegations and his documented history of failing to attend court, which had previously necessitated the issuance of arrest warrants.

Cyrus Kisavi Musyoka, an elected representative for Ikanga/Kyatune Ward in the Kitui County Assembly, is currently facing multiple theft charges in Nairobi. The most recent accusations involve two separate incidents of alleged smartphone theft within Nairobi's Central Business District (CBD), totaling 146 devices with a combined value exceeding Sh2.2 million. These new charges were presented before Milimani Principal Magistrate Geoffrey Onsarigo.

The first of these fresh charges details the alleged theft of 20 Samsung A07 smartphones, valued at Sh420,000, from the offices of Chania Genesis Limited on River Road. These devices, reportedly belonging to Ezekiel Kamau Gichuki, were allegedly taken on September 14, 2026. The second count accuses Musyoka of stealing 126 Itel A200 mobile phones, valued at Sh1.801 million, from Simon Gitonga. This incident, which allegedly involved unarraigned accomplices, reportedly occurred on August 18, 2026, at the North Rift Shuttle offices located on Mfangano Lane.

These latest allegations follow closely on the heels of another theft charge filed against Musyoka on November 3. In that earlier case, the Kitui MCA pleaded not guilty to stealing 42 Itel City 200 smartphones, collectively valued at Sh609,000. These handsets, each priced at Sh14,500, were reportedly stolen from a shop owned by Dahir Adan Mohamud on August 5, 2026. Cumulatively, the total value of the smartphones allegedly stolen across all three cases stands at approximately Sh2.83 million.

During his appearance before Milimani Principal Magistrate Geoffrey Onsarigo, Cyrus Kisavi Musyoka entered a plea of not guilty to the two new charges. These accusations have been brought under Section 268(1), as read with Section 275 of the Kenya Penal Code, which pertains to the offense of stealing. The Office of the Director of Public Prosecutions (ODPP) is spearheading the prosecution in these matters.

The ODPP took a firm stance against granting Musyoka bail, citing several critical factors. Central to their opposition was the inherent seriousness of the allegations themselves, which involve a significant number of high-value items. The prosecution firmly opposed his release on bond, emphasizing the gravity of the allegations and his documented history of failing to attend court, which had previously necessitated the issuance of arrest warrants.

Beyond the current theft cases, the court was also informed that the Kitui MCA faces separate criminal charges requiring his appearance before the Makadara Law Courts. This additional legal obligation further complicated his bail application in the Milimani Court. The ODPP's arguments underscored a concern that Musyoka might not adhere to court directives if released on bond.

In response to the prosecution's objections, Cyrus Musyoka appealed to the court for lenient bail terms. He presented his personal circumstances, emphasizing his role as a father responsible for three minor children, and highlighted his official duties as an elected member of the Kitui County Assembly. Musyoka asserted that he did not pose a flight risk, arguing that his residential address was well-known to law enforcement authorities.

Despite these arguments, the court issued an order for Musyoka's detention. He was initially directed to be held at Kamukunji Police Station until November 6. On that date, he is scheduled to appear before the Makadara Law Courts for plea-taking concerning the separate criminal charges he faces there.

Following his appearance at Makadara, Musyoka is to be transferred to the Industrial Area Remand Prison. He will remain in custody there pending the court's decision on his bail applications for the three theft cases. The ruling on these applications has been scheduled for November 18, at which point the court will determine whether to grant him release on bond.

This case illustrates the factors considered by Kenyan courts and the ODPP when determining bail for serious theft charges, particularly for public figures with a history of non-compliance. Lawyers advising clients on criminal defense, especially regarding bail applications under Sections 268(1) and 275 of the Penal Code, should note the emphasis on the seriousness of allegations and previous court attendance records.

Source: Original reporting via Capital FM Kenya