• The accused persons were convicted for their role in the multi-million shilling scandal that rocked City Hall between 2008-2009.
• They appealed their sentencing but ex-City Clerk Gakuo has since died.
Image: FILE
The High Court was forced put off judgement for an appeal in the Sh283 million cemetery land case because a suspect was quarantined.
The court heard that Mary Ng’ethe was advised to self-quarantine after she came into contact with someone with the coronavirus.
Ng'ethe's lawyer presented documents from Lancet to prove the claim. She has been under self-quarantine since June 19.
Her legal team urged the court to grant them 14 more days to allow her take a confirmation test. But Justice John Onyiego had his reservations.
Onyiego said Ng’ethe caused the postponement of the judgement three times in a row. He said Ng'ethe had been previously absent in February, May and June when he was to render judgement.
“She has been absent for three different months. The court has set aside a date for delivery of this judgement. We have adjourned four times. Three times occasioned by her. I will deliver my judgement on July 8. In case she fails to turn up, a warrant of arrest will be issued,” Onyiego said.
Ng’ethe who at the time was the Nairobi City Council’s legal director and chairperson of the tender evaluation committee was sentenced to three years in jail and fined Sh52 million while the committee's secretary, Alexander Musee, got three years and a Sh32 million fine.
The late ex-City Clerk John Gakuo and former PS Sammy 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. Gakuo died last year.
Kirui, Ngethe and Musee appealed at the High Court. In July last year, Justice Onyiego released them on a bond of Sh5 million pending hearing of their appeal.
Justice Onyiego, who had denied them bail before Gakuo died, had to review his orders after the court heard that the convicts were suffering in prison, which lacked facilities for their treatment.
The court ordered them to deposit their passports and report to the deputy registrar once a month until the appeal is heard and determined.