APPEAL CASE BY GAKUO COLLAPSES FOLLOWING HIS DEATH.

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Former Nairobi Town Clerk John Gakuo.
BY NT CORRESPONDENT.

The  hearing of appeal by late John Gakuo and three others has aborted due  to his demise.

Gakuo lawyer Asa Nyakundi told Justice John Onyiego, that he was not ready to proceed with the appeal, since his client has pass on, saying that he needed time to think what cause of action he ought to take.

The lawyer  told the court  needs to consult the  family and further file  an application arising from evidence adduced before Chief Magistrate to demonstrate that Gakuo was not corrupt person.

” The anti corruption  court jailed the wrong person who must be cleared before burial” he told the court.

He said  Gakuo worked in many places including  City Hall, Ministry of Health and Kenyatta National Hospital and brought sanity in the  City.

“The circumstance under  which he died should  be established including conducting public inquest” he stated.

All  lawyers in the appeal told the judge  that they were not ready to proceed with hearing and sought the matter  be mentioned on 8 November 2018 for directions.

Gakuo, Mary  Ngethe, former PS Sammy Kirui and Alexander Musee formerly of procurement wants  the execution of the sentence issued  by Anti Corruption Chief magistrate Douglas Ogoti suspended to allow them  argue their appeal.

The  appellants through  their defence lawyers, Asa Nyakundi, Wilfred Nderitu and  Osoro Mogikoyo, have submitted to the presiding judge Justice Onyiego, that they  have an arguable  appeal against the  conviction by the  trial magistrate.

The intended appeal raises substantial questions of law, if decided will be in favor of the appellants and result in a reversal of their conviction.

The  trial court’s finding of willful neglect to terminate a flawed procurement process by former town clerk was beyond his control has had been determined and approved.

Gakuo’s lawyer has stated that  his client has been  put into agony of long incarceration and if the appeal succeeds he will have suffered.

Mr Nyakundi, said that the appellants do not have any previous convictions to warranty the high court deny them  their  freedom

Gakuo and Kirui were jailed for three years each for  role  they played in Sh 283 million  cemetery land scandal

The two were ordered to pay fine of Sh 1 million each after they  were found guilty of abuse of  office and failure to comply with procurement laws.

Their co-accused Mary Ngethe, a former city council Legal Secretary, and Alexander Musee  were also found guilty of knowingly giving false information about the purchase of land in Mavoko.

Ngethe and Musee were sentenced to three years in prison each.

Former city council Legal Secretary, and Alexander Musee  were also found guilty of knowingly giving false information about the same.

Ngethe and Musee were sentenced to three years in prison each.

Further, Ngethe will pay a fine of Sh52 million or serve a further one year in jail while Musee will pay a fine of Sh32 million or serve a further one year in jail.

They were also found guilty of giving a false valuation report which was used to purchase the land in question.

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