Auctioneers Seize Naivasha MP Jayne Kihara's Property Over Sh10 Million Debt

Naivasha MP Jayne Kihara is set to lose property worth millions of shillings over a Sh10 million debt.

This comes after the court allowed auctioneers to attach her movable property to raise Sh10,988,786 on behalf of former Naivasha MP John Mututho. The debt accrued from the cost of an election petition Ms. Kihara filed in 2008 challenging the election of Mututho as Naivasha MP.

On November 14th, 2008, the Appeals Court dismissed Kihara’s petition for being defective and ordered her to pay the cost of the appeal. She challenged the ruling in court, leading to a prolonged legal battle that lasted a decade.

In 2016, the court approved a Sh7.5 million cost but Kihara challenged it again at the High Court, which equally upheld the decision in 2019 before she sought a review before Justice Joel Ngugi.

On June 24th this year, judge Ngugi ruled that Kihara should challenge the decision at the Court of Appeal rather than the High Court and granted her leave to file her appeal out of time.

To secure an order of stay of execution of the orders, Justice Ngugi directed that Kihara pays Mututho half of the amount and deposit a bank guarantee of Sh7.5 million within 45 days.  He also raised concern over the duration that the matter has been in court, expressing the need to conclude the case.

 “To my mind, there is nothing eminently excessive about the taxed amount. In any event, the challenge to the process of taxation and the taxed amounts has been too late in coming. Litigation must come to an end. It is time to bring the curtains down on this one,” noted Justice Ngugi.

Kihara neither moved to the Appeals Court nor did she pay the amount, prompting the court a warrant of attachment against her on August 18th.

“Whereas Jayne Njeri Kihara was ordered by the judgment of this court passed on December 19, 2019, to pay the plaintiff the sum of Sh7,523,107 as noted in the margin, and whereas the sum now due and payable in respect to the said decree is Sh10, 988,786. This is to command you to attach the movable property of the said petitioner,” stated the warrant.

Tango Auctioneers and General Merchants have attached five vehicles, sheep and cattle, among others.