An associate to Deputy President Rigathi Gachagua has suffered a major setback after the appellate court rejected her application for more time to file an appeal challenging the forfeiture of Sh202 million to the state.
Anne Kimemia of Jenne Enterprises failed to file a notice of appeal within the prescribed 14 days and subsequently moved to the appellate court seeking an extension of time.
She attribured the delay to failure of the High Court regisitry to supply her with certified copies of the order in which she sought to appeal. She said the delay was not deliberate.
Kimemia said she was also unwell at the time and she was yet to decide whether or not to file the appeal against the decision of High Court.
Court of Appeal Judge Agnes Murgor said she has no jurisdiction to handle the matter owing to the absence of a notice of appeal being properly filed on record.
"In view of there being no notice of appeal that has been filed, clearly, an issue pertaining to jurisdiction becomes of pertinence," the Judge said.
"It is also evident that without a notice of appeal, computation of time for filing an appeal is rendered an impossibility. In effect, without the requisite jurisdiction, a court must down its tools and step away."
The judge explained that if a party intends to file an appeal against a certain decision, he or she must have filed a notice of appeal within 14 days and served the notice on the affected party within 7 days after lodging it.
The High CVourt in June this year ruled that the monies held in four accounts at Rafiki Microfinance were proceeds of crime and should be forfeited to the state.
Three of the accounts were registered in Gachagua and a fourth account holding Sh1,138,142 was registered in the name of Jenne Enterprises.
Jenne Enterprises is owned by Kimemia, Gachagua's business associate.
