ACCUSED SERIOUSLY ILL

Decision on cemetery fraud case deferred for fifth time

Judge postpones delivery of judgement to July 22.

In Summary
  • Justice John Onyiego expressed his disappointment with the manner in which the court had been forced to delay its final decision.
  • Lawyers representing Mary Ng'ethe adduced a medical report to verify that their client was in a serious condition.
Justice John Onyiego
RULING: Justice John Onyiego
Image: FILE

A judge on Wednesday deferred the judgement in the Sh283 million cemetery case after one of the accused persons was taken ill.

Justice John Onyiego criticised how the court had been forced to delay its final decision over the matter.

Lawyers representing Mary Ng'ethe adduced a medical report to verify that their client was in a serious condition. They pleaded with the court to show compassion and allow Ng'ethe to first recover before judgement is pronounced.

 

Judge Onyiego said since there was a medical report, he would give the accused the benefit of doubt.

"But whether these reports are stage-managed or not, only God knows. Let's have this matter concluded because it is not fair for the other appellants who are forced to come to court and turned away because of Ng'ethe," he said.

The Judge deferred the judgement to July 22. In the case, Ng'ethe who was charged alongside the late John Gakuo was sentenced to serve three years in jail and pay a fine of Sh52 million, failure to which she would serve an additional one year in jail.

Gakuo and former PS Sammy Kirui were found guilty of abuse of office in connection to the purchase of the cemetery land valued at Sh283 million. The two were sentenced to three years in jail each and fined Sh1 million. 

On the other hand Alexander Musee  was sentenced to three years and ordered to pay a mandatory fine of Sh32 million. 

Aggrieved with the magistrate's finding, 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 the demise of former Town Clerk Gakuo reviewed his orders after the court was told the convicts were suffering in prison, which lacked facilities for their treatment.

Edited by Henry Makori 

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