High court rules against Mututho in a 2008 case

by Lawyer Wanz
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High Court has derailed former Nacada boss John Mututho in his bid to fully recover a debt of Sh7 million from Naivasha MP Jane Kihara.

The money amounting to Sh7,523,107 is for the costs incurred in court by Mr Mututho during the hearing of a petition filed by Ms Kihara in 2008 challenging his election as the area MP.

Justice Joel Ngugi told Mr Mututho to shelve his intention to recover the money for one year so that Ms Kihara can challenge the payout at the Court of Appeal.

However, the judge asked Ms Kihara to pay Sh3.75 million within 45 days to Mututho as a condition to her filing the appeal.

The judge also ordered the MP to deposit a bank guaranty for the other half, as he stopped Mr Mututho from demanding for the debt which was certified by court Deputy Registrar in December 2019.

The judge made the orders after declining a request by the MP to review, vary or set aside the order made on December 19, 2019 directing her to pay Mr Mututho the said amount.

He however said the stay of execution will remain in force only for one year. If Ms Kihara will require an extension of the stay order beyond that time, she will seek it at the Court of Appeal or prosecute her appeal within that time.

In urging court to temporarily block Mr Mututho from demanding the money, Ms Kihara had argued that the amount is “extremely large” especially given the prevailing economic circumstances.

But the court ruled there was no controversy that Mr Mututho would be able to reimburse any amounts paid to him.

There is also no controversy that the amount in question is very large – verging on Sh10 million when interest on the taxed amount is added.

Even considering the total monthly emolument of a Member of Parliament like the Applicant, that is a large sum of money for an individual to raise especially in circumstances where she believes that she will ultimately not be obligated to pay it,” said the judge.


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