The National Assembly has opposed the attachment and sale of a vehicle belonging to Mumias East MP Peter Salasya over a debt he allegedly owes a Kakamega businessman Robert Luttah.
The assembly through lawyer Andrew Emacar wants the court to stay the attachment and subsequent sale of motor vehicle KDK 037L by Aemok Auctioneers over a court decree of Sh565,712.
In its notice of motion dated May 9, 2024, the assembly asked the court to issue orders directing that the vehicle be released to the assembly because the lawmaker had not fully paid the car loan advanced to him by Parliament to buy the vehicle.
The assembly said it was at risk of losing its lawful security if the attached motor vehicle was sold.
In her supporting affidavit on behalf of Parliament, Deputy Clerk to Assembly Serah Kioko said the vehicle was jointly registered under the ownership of Salasya and the National Assembly to secure its (assembly’s) financial interest.
“The respondent was advanced a facility of Sh4,200,000, of which Sh2,789,317 is outstanding. The respondent is yet to pay the full amount and is therefore a mere bailee” Kioko said.
She said that the national assembly is not a party to the lawsuit that born the court decree that led to the proclamation of the vehicle.
She said that Salasya only has partial interest in the said motor vehicle and hence cannot be attached in satisfaction of the Decree issued against him.
“Given the national assembly's interest in the proclaimed motor vehicle registration number KDK 037L, it is evident that the national assembly stands to suffer prejudice in the event the proclaimed motor vehicle is sold in satisfaction of the Decree,” she said.
Luttah moved to the Small Claims Court in Kakamega in November to compel Salasya to repay the Sh500,000 he lent him in 2022.
The court ordered the MP to pay the amount together with accrued interest at the court’s rate and the cost of the suit.
Luttah through his lawyer Wafula Wawire extracted a decree for Sh565, 712 on February 7.
The court rejected an application by Salasya to be allowed to repay the amount in instalments on April 19, 2024, and awarded the businessman Sh 10,000 as the cost of the suit.
Court adjudicator Caroline Cheruiyot said in her ruling that the MP had not made any payment towards liquidating the decree since it was extracted on January 18, 2024, as a sign of good faith despite his proposal to settle the same in monthly instalments of Sh50,000.
She said that the proposed amount by the MP would take close to one year to settle which is neither fair nor reasonable.
