FLOUTING LAWS

Sacco boss ordered to deposit Sh107,500 in bus tussle

County says petitioner is using the case to secure release of bus to avoid paying the requisite fees

In Summary
  • Malonza is asking the court to declare the detaining of his vehicle as unlawful, unreasonable under a certificate of urgency.
  • Cash deposit to be used as security for costs before the matatu is returned to him
Harambee Sacco chairman Macloud Malonza displays a debit card printed and issued instantly at the sacco, witnessed by the Co-op Bank director for Cooperatives Banking Vincent Marangu and State Department for Cooperatives PS Ali Noor Ismail./COURTESY
Harambee Sacco chairman Macloud Malonza displays a debit card printed and issued instantly at the sacco, witnessed by the Co-op Bank director for Cooperatives Banking Vincent Marangu and State Department for Cooperatives PS Ali Noor Ismail./COURTESY

Harambee Sacco chairman Macloud Mukiti Malonza been ordered to deposit at the High Court Sh107,500 before his impounded public service vehicle is handed back to him.

The impounded bus is managed by Kenya Bus Limited and was seized on December 17, last year for allegedly flouting city by-laws.

Justice Weldon Korir directed Malonza to deposit the cash in court as security for costs.

The county government told Justice Korir that Malonza and the driver refused to record a statement over the incident.

“The petitioner and his driver have and /or declined to visit the county offices to record a statement on their violations of the City-by-laws but have instead resorted to evade the implementation of the due process of the law,” lawyer Titus Koceyo for the county government told court.

The lawyer said the petitioner is using the case to secure release of the impounded bus to avoid paying the requisite fees and charges of the vehicle.

“The petitioners’ case is frivolous, vexatious, an abuse of the court process and courts cannot lend its aid to law violators who are running away from the same justice system,” Koceyo submitted.

He urged the judge to decline barring the county from asking Malonza to pay the requisite penalties for breaching the law.

Koceyo says, although Malonza is pleading a violation of his fundamental rights and loss to economic gain, he and his business agents are required to comply with the county by-laws.

The judge heard the county will release the vehicle once the Sh7,500 towing charges are paid.

He has already paid the impounding fees of Sh10,000 but demands the county officers be compelled to explain the purpose of the Sh7,500 which is not accounted for by the county government.

Malonza claims that when his vehicle was impounded, the county officers drove it to the parking yard and that it was never towed.

The petitioner says he and his driver smelt corruption when the towing fee of Sh7,500 was demanded and no receipt issued yet the county government operates a cashless system.

Malonza asked for the till from the two officers to transfer the Sh7,500 but was told the money was meant for a third party who does not accept electronic or mobile money transfer.

“The petitioner refused to pay the money as it was obviously a bribe or an act of corruption disguised as the respondents (city county) charges, the judge heard. Malonza is asking the court to order the county to compensate him Sh10,000 being daily earnings from the vehicle for the period the vehicle will remain in its custody.

By the time the case will be heard on March 17, he will have lost earnings for 81 days translating to a loss of Sh810,000 in income.

Through his lawyer Benjamin Musyoki, Malonza is asking the court to declare the detention of his vehicle as unlawful, unreasonable under a certificate of urgency.

Malonza, who is also an officer at the directorate of personnel management office of the president claims that his economic rights have been breached and abused by acts of the Nairobi City County.

-Edited by Sarah Kanyara