• Gakuo died last year while the appeal case was still going on.
• Lawyers say appeal has not been heard since it was filed.
Lawyers representing the late former Nairobi town clerk John Gakuo and three others have expressed displeasure in the way the case is being handled.
The lawyers representing Gakuo, former PS Sammy Kirui and former Nairobi county legal secretary Mary Ng’ethe said the matter has never kicked off after three adjournments.
“We are not happy with the way the court is handling this matter. We came here in the morning waiting to be heard only to be told that the case will not proceed since the judge is away in a meeting”, one of the lawyers said.
The court clerk said Justice John Onyiego was away on official duties and could not appear to hear the case.
Lawyers decided to take the next hearing date by consent.
They said the matter has never been heard since the appeal was lodged and they wanted the case to be heard expeditiously.
The case will be heard on September 18.
Last October, the judge expressed his regrets following the death of Gakuo since it occurred before justice could be done.
Justice Onyiego stated that he was keen to hear the appeal expeditiously having denied Gakuo bail pending appeal.
He however indicated that the appeal would still proceed without Gakuo.
“I was keen to have this matter heard expeditiously but it is unfortunate about the circumstances that have occurred before the court could resolve it,” he said.
In May last year, 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 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.