Gakuo, three others lose bid to be freed on bond
From right: Former PS Sammy Kirui, former Nairobi Town Clerk John Gakuo, former NCC Legal Secretary Mary Ng'ethe and ex-tender committee chair Alexander Musee after they were found guilty by anti-corruption court in Nairobi on May 15, 2018. They have lost their bid to be feed on bond pending appeal. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
- The four former civil servants are serving three years in jail over the irregular purchase of cemetery land for Nairobi.
- They argued that they will have suffered long in custody in case their appeal succeeds.
- Gakuo also pleaded to be freed owing to his age and ill-health, and promised to abide by all conditions given by the court.
Former Nairobi Town Clerk John Gakuo and three other jailed over a cemetery scam will remain in prison after a judge declined to free them saying they had failed to provide sufficient reasons for them to be released on bail.
Gakuo, former PS Sammy Kirui, Mary Ng’ethe and Alexander Musee sought to be freed on bail pending the hearing of their appeal.
Justice John Onyiego said the issue of age and their medical conditions, raised by Gakuo, were not sufficient enough to grant their plea.
He said Gakuo can still get medical attention while in prison.
Through lawyers Asa Nyakundi, Wilfred Nderitu and Osoro Mogikoyo, they said they have an arguable appeal, with a likelihood of success.
CEMETERY LAND
The four former civil servants are serving three years in jail over the irregular purchase of cemetery land for Nairobi.
They argued that they will have suffered long in custody in case their appeal succeeds.
They said that they are also not a threat to the community or any of the witnesses and no complaint was filed against them during the trial.
Mr Nyakundi said the hearing of the appeal might take long, hence it is best to free them on bail, pending the hearing and determination of the case.
Gakuo also pleaded to be freed owing to his age and ill-health, and promised to abide by all conditions given by the court.
In the court papers, Gakuo said the case forced him in and out of hospital from time to time and has been “suffering intermittently from high blood pressure, and chest problems”.
Senior Prosecution Counsel Jemima Aludah opposed the application saying that the four were rightly jailed because they abdicated their responsibilities.
She said the court found them guilty and convicted accordingly based on evidence proved beyond reasonable doubt.
She said they four can still argue their appeals while prison.
“The appellants’ rights to freedom is not absolute as the same had already been extinguished when they were convicted and sentenced on the charges preferred against them,” she said.
GUILTY
Gakuo and Kirui were found guilty of abuse of office in connection to the purchase of cemetery land valued at Sh283 million.
The two were sentenced to three years in jail each and a fine of Sh1 million each.
Ng’ethe was sentenced to three years in jail and pay a fine of Sh52 million, failure to which she will serve an additional one year in jail.
Musee was also sentenced to three years and ordered to pay a mandatory fine of Sh32 million or serve an additional one year in jail in default.
The two were found guilty of giving a misleading report purporting that the committee had agreed to buy the controversial 120-acre plot in Mavoko town.
They also used a false valuation report to award the tender.
The court said the former city officials ought to have stopped the payment of Sh283 million to Naen Rech Ltd, who received the money for the irregular purchase of cemetery land.
