This archive report was first published on 23 August 2021.
Naivasha MP Jayne Kihara is facing the loss of millions of shillings' worth of property after a court authorized auctioneers to attach her movable assets to raise Sh10, 988, 786 on behalf of former National Campaign Against Drug and Substance Abuse chairman John Mututho.
The debt stems from an election petition Kihara filed in 2008 to challenge Mututho's election as Naivasha MP, which she lost. The court of appeal allowed Mututho's application to strike out the petition in November 2008, and Kihara was ordered to pay the cost of the appeal.
After a ten-year legal battle, the court's commercial wing approved a Sh7.5 million cost in 2016, which Kihara challenged at the High Court. The High Court upheld the decision in 2019, and Kihara sought its review before Justice Joel Ngugi.
On June 24, Justice Ngugi affirmed the decision, stating that Kihara needed to challenge the decision at the Court of Appeal rather than the High Court. He granted her leave to file her appeal out of time but raised concern over the length of time the matter had been in court.
However, Kihara did not move to the Court of Appeal, and the court issued a warrant of attachment against her on August 18. The warrant commanded the attachment of her movable property, including five vehicles, sheep, and cattle.
Mr. Mututho plans to use the money for charity and to promote a culture of respect among politicians. 'I want to open a bank account that will specifically hold that money because I intend to use it to help the needy and as well as create forums to sensitise the public on the need to uphold our positive African values of respect to elders as well as peers,' he said.
