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.
