- Robert Lutta in his replying affidavit said that the MP has been taking the court for granted and making a mockery of the entire court process since the inception of the claim until the entry of judgment.
- He told the court that the actions of the respondent who is a member of parliament depict someone who thinks he is above the law and can blatantly toy and make a mockery of the court system as he wishes.
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A Kakamega businessman who allegedly lent Mumias East MP Peter Salasya Sh500,000 in 2022 has rejected the MP’s request to be allowed to pay the debt in instalments.
Robert Lutta in his replying affidavit to Salasya's request to pay the debt in bits said that the MP has been taking the court for granted.
Salasya had filed an application on March 28 seeking a stay of the execution of a warrant of attachment of his property by Lutta who was seeking to recover the Sh500,000 debt.
A judgement had earlier been issued in Lutta's favour.
The MP in court papers said he was unable to pay the whole amount at once because of other financial commitments.
“In my current financial position, I am unable to satisfy the whole decree at once due to my long-standing financial obligations that have committed my finances,” the MP said.
But in an affidavit, Lutta said the legislator was making a mockery of the entire court process from the inception of the claim until the entry of judgment.
Lutta, through Wafula Wawire & Company Advocates, said that the MP sought and was given a stay of execution of the judgement that required him to pay him the amount together with accrued interest and the cost of the suit upon entry of judgment but he never endeavoured to pay a coin.
“Upon being granted a stay of execution, the respondent posted videos on his social media pages flushing wads of paper money, menacingly calling out on my advocate Mr. Edwin Wawire Wafula to ...come and pick money from my office you stupid lawyer," he said.
“The respondent went ahead to abuse the entire court process and system including menacingly abusing the trial magistrate on social media,” he said.
He told the court that the actions of the respondent who is a member of parliament depict someone who thinks he is above the law.
He said that it is it is unfathomable that the respondent being a member of parliament cannot settle the decretal sum or a fraction since judgment was entered.
“From the demeanour of the respondent through his behaviour during the hearing. After judgment, and upon the lapse of the stay of execution, it is obvious that he will not settle the decretal sum unless he is compelled,” he said.
Wawire appeared before adjudicator Caroline Cheruiyot during the hearing of Salasya’s application on Thursday. Cheruiyot fixed the ruling for April 19, 2024.
In his Affidavit, Salasya went on to say that he had tried to engage the respondent with a view of settling the debt in instalments.
“...but whereas the Respondent through his advocates has on one side appeared ready to negotiate, they have at the same time proceeded to seek warrants and police assistance and have also used the media to muddle and tarnish my name on account of this case,” he said.
He had asked the court to allow him to be paying Sh 50, 000 monthly.
The Small Claims Court in Kakamega entered a judgement by G. Kiama on November 27, 2023, in favour of Robert Lutta who had lent the lawmaker Sh 500, 000.
He was also directed to pay interest at the court’s rate and the costs of the suit.
The judgement arose from a suit filed by Lutta after Salasya failed to repay the money he borrowed in 2022.