Former Local Government PS Sammy Kirui and two others want the court to revisit their bail application pending appeal over the Sh283 million cemetery case.
Kirui, former Nairobi City Council legal secretary Mary Ng’ethe and chairman of tender committee Alexander Musee told Justice Hedwig Ong’udi yesterday they are apprehensive their appeal will not be heard expeditiously since the judge presiding over the matter is in hospital.
Justice John Onyiego, who has been presiding over the matter, is admitted at Nairobi Hospital.
They told the court it’s impossible to fix any hearing dates as the judge’s condition is unknown. “With such uncertainty it would be prudent for court to revisit the bail application pending appeal or look into how the matter can be heard expeditiously,” their lawyers said.
The three also said they have medical conditions that require attention.
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“The appeals have been set down for hearing on two occasions but they have never proceeded. We urge court to exercise its discretion and renew our application on bail pending appeal,” their lawyers said.
The appeal was to be argued on October 31, a day after former Town Clerk John Gakuo passed on.
They also requested Justice Ong’udi to take up the matter.
Ong’udi directed the parties to appear before her tomorrow for further directions.
Gakuo’s lawyer Assa Nyakundi has requested that his appeal be separated from Kirui and the rest as he intends to raise constitutional issues, which might derail the latter’s appeals.
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Gakuo and Kirui were found guilty of abuse of office in connection with the purchase of cemetery land valued at Sh283 million.
They were sentenced to three years in jail each and fined Sh1 million each.
Ng’ethe was also fined Sh52 million with the alternative of a fourth year in jail, while Musee was fined Sh32 million with the same condition.
The four were found guilty of giving a misleading report purporting the committee agreed to buy 120 acres in Mavoko town.