John Cheruiyot jailed for defaulting on Sh2.3 million debt

A Nairobi court has jailed former Co-operatives Development Minister John Cheruiyot for six months for failing to pay a Sh2.3 million debt.

Nairobi Senior Principal Magistrate passed the sentence on Tuesday after establishing that Mr Cheruiyot had failed to pay businessman Antony Lang’o for 20 years.

Mr Lang’o printed and delivered 50,000 Kanu paper caps to the politician in 1994, according to court documents.

Police arrested the ex-minister at the weekend after the court issued a warrant of arrest against him in January.

A judgment had been entered against Mr Cheruiyot on January 26, 1998 after he failed to respond to the civil suit the businessman filed.

In his papers, Mr Lan’go recounted how Mr Cheruiyot ordered the paper caps on June 16, 1994 at Sh12.50 each and first paid him with a personal cheque of Sh60,000.

Mr Cheruiyot later issued a Sh10,000 cheque, but it bounced and the balance of Sh565,000 was never settled.

The debt attracted a Sh1,660,264 interest over the two decades.

“Series of misfortunes”

Mr Lang'o had initially sued Mr Cheruiyot alongside a former Kanu chairman Wilson Ndolo Ayah, a former secretary-general, the late Joseph Kamotho, and the treasurer, Mr Japheth Lijoodi.

The magistrate dismissed Mr Cheruiyot’s claims that he had “suffered a series of misfortunes” and could not make good on his promises to settle the debt.

“It is not enough for him to state that he is ready and willing to pay the debt without any offer. The plaintiff is also entitled to enjoy the fruits of his judgment,” she ruled.

She said Mr Cheruiyot had promised to pay up by December 15, 2012 “but did not fulfill his obligation”.

“He has not shown any commitment at all to honour the debt despite the numerous times he has been accommodated by the court. I hereby order that he be committed to civil jail for a period of six months,” she said.