Naivasha MP Jayne Kihara fails to stop property auction

Naivasha MP Jayne Kihara has been dealt a blow after the Court of Appeal dismissed an application seeking to stop auctioneers from selling her property over a debt of Sh10 million arising from an election petition.

The Appellate court dismissed the application by the legislator saying she has failed to show that her rival and former MP John Mututho, will not be able to reimburse the amount, in case her appeal is successful.

Justices Jamila Mohammed, Msagha Mbogholi and Hellen Omondi noted that the MP only contended that she was likely to be rendered bankrupt and destitute should the auctioneer- Tango Auctioneers and General Merchants- be allowed to sell the assets including five vehicles.

“However, we take note that in the present situation, the applicant was ordered to pay half the costs within 14 days and secure a bank guarantee for the other half within 14 days, as a condition to the stay. Instead, she secured a bank guarantee for the entire sum in lieu of the cash payment, without seeking leave from the court to vary those terms,” the Judges said.

Ms Kihara has been battling with the former National Campaign Against Drug and Substance Abuse chairman, over costs arising from an election petition she lost in 2008. After losing the election and the subsequent election petition, Ms Kihara was ordered to pay Sh9.5 million plus a further Sh600,000 auctioneers fees.

She appealed arguing that the ruling was made being notified and on July 7 this year, High court judge Joel Ngugi asked her to pay half the amount and a bank guarantee for the balance, within 45 days.

She moved to the Court of Appeal saying she had secured a bank guarantee for the whole amount and feared that the attached goods will be undervalued and sold, yet her appeal is arguable.

Ms Kihara further said the auctioning of her property will render her destitute, bankrupt and her standing as an MP ‘will be impaired and irreparably harmed’.