Mumias East MP Peter Salasya has lost an application he filed in a Kakamega court seeking to be allowed to settle a Sh500,000 debt in instalments.
The MP was ordered by the Kakamega small claims court to pay the debt owed to a businessman Robert Lutta.
The Kakamega Small Claims Court magistrate Caroline Cheruyot vacated a stay of execution of judgment she issued and ordered the MP to pay the businessman Robert Lutta Sh10,000 as costs of the suit.
Cheruyot said that the MP had not made any payment towards liquidating the decree since it was extracted on January 18, 2024, as a sign of good faith despite his proposal to settle the same in monthly instalments of Sh 50,000.
She said that the proposed amount by the MP would take close to one year to settle which is neither fair nor reasonable.
Cheruyot said that the MP has not shown bonafide in his application to warrant the court to exercise its discretion in his favour.
“Further, considering other factors such as the conduct of the judgment debtor as stated by the claimant and his financial position, mere inability to pay in full at once is not sufficient reason for exercising the discretion and considering the Applicant's status, the court finds that the Claimant is undeserving of the prayers sought.”
“The court finds that the notice motion dated 28/03/2024 is not merited and the same is hereby dismissed with costs of Sh10,000 to the Respondent. The interim orders of stay of execution are hereby vacated,” she ruled.
The court had ordered Salasya to pay Lutta the Sh 500, 000 he borrowed from him in 2022 and failed to repay together with interest at the court rate and the cost of the suit.
The legislator however obtained an order of stay of execution of the judgement after Lutta extracted a decree for the total sum.
He later filed an application in court seeking to be allowed to settle the amount through instalments of Sh50,000 monthly.
He said that his current financial position could not permit him to pay the amount at once.
The MP attached a payslip indicating a net earning of Sh3,222 and stating the said amount raised through sitting allowances or monies owed to him by third parties.
