Nyong’o sentencing put off after he skips court
What you need to know:
- The two failed to appear before a Kisumu court on Tuesday where they were to be sentenced.
- Prof Nyong’o and Dr Nyagoy were found guilty of disobeying court orders directing them to include their nephews in the inheritance list.
- But Mr Museve maintained that he was not aware his clients were out of the country.
The sentencing of Kisumu Governor Anyang' Nyong'o and his sister, Dr Risper Nyagoy, who were found guilty of contempt of court in an estate row pitting him against his nephews, has been today pushed to Thursday after they both failed to appear in court.
The two failed to appear before a Kisumu court on Tuesday where they were to be sentenced.
Prof Nyong’o and Dr Nyagoy were found guilty of disobeying court orders directing them to include their nephews in the inheritance list for the property left behind by their father, Hesbone Shimei Nyong’o.
CONTEMPT OF COURT
This was after Justice Tripsisa Cherere accepted an application by Mr Kenneth Okuthe, the governor’s nephew, asking the court to commit Prof Nyong’o and Dr Nyagoy to civil jail for their disobedience and contempt of a court order issued on October 11, 2018.
The sentencing had been set for Tuesday but this did not take place after the judge pushed it to May 30.
Their lawyer Jefferson Museve told Justice Cherere that Governor Nyong'o is out of the country and is expected back Tuesday afternoon while his sister arrived in the country Monday but went to visit her 98-year old mother Dorcas Nyong'o who is ailing.
“My clients are not around and therefore I request the court to give me 14 days to produce them before it, since the matter is of importance and requires their presence and at the same time touches on the liberty of the petitioners,” said Mr Museve.
But Mr Okuthe, through lawyer Rogers Mugumya, accused the governor and his sister of using delay tactics by asking for more days to appear in court.
“When this court issued the sentencing date last week on May 23, their lawyer did not object to it or raise the issue of travels,” said Mr Mugumya.
NOT AWARE OF TRAVEL
But Mr Museve maintained that he was not aware his clients were out of the country and pointed out that sickness is unforeseen.
Mr Okuthe’s lawyer also pointed out that the governor’s lawyer did not table any evidence to show that indeed, his clients were not available.
Mr Mugumya asked the court to issue warrants of arrest on the two.
“We ask the court to issue warrants of arrest to be overseen by the county commander while respecting their hierarchy in police owing to the Nyong’o’s stature as the governor,” said Mr Mugumya.
But the judge did not issue the requested warrants and did grant the 14-days extension sought by Mr Museve.
“The sanctity of the court must be protected. Sentencing has, however, been adjourned to May 30,” said Justice Cherere.
