The court has authorised the auctioning of Naivasha MP Jayne Kihara’s property worth millions of shillings in order to raise Sh10, 988, 786 on behalf of former National Campaign Against Drug and Substance Abuse chairman John Mututho whom he owes the amount accrued from the cost of an election petition Ms. Kihara filed in 2008, to challenge Mr. Mututho’s election as Naivasha MP, which she lost.
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In November 2008, the Court of Appeal granted Mututho’s request of striking out the appeal by Mrs. Kihara on the grounds of being defective, a move she challenged after being ordered to pay the cost of the appeal.
After the Court of Appeal’s commercial wing approved a Sh7.5 million cost in 2016, the Naivasha MP went to the High Court where she challenged the appeal’s but was again disappointed when the court upheld the decision three years later, in 2019.
”To my mind, there is nothing eminently excessive about the taxed amount. In any event, the challenge to the process of taxation and the taxed amounts has been too late in coming. Litigation must come to an end. It is time to bring the curtains down on this one,” Justice Noel Ngugi told the MP after she sought a clarification from the judge following the two court decisions.
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According to a warrant of attachment seen by this reporter, the MP has been commanded to attach her movable property to Mr. Mututho.
”Whereas Jayne Njeri Kihara was ordered by the judgment of this court passed on December 19, 2019 to pay the plaintiff the sum of Sh7,523107 as noted in the margin, and whereas the sum now due and payable in respect to the said decree is Sh10, 988,786. This is to command you to attach the movable property of the said petitioner,” stated the warrant.
