Court orders Kericho governor Eric Mutai to pay Sh150,000 loaned to him during campaigns
Kericho Governor Eric Mutai.
Kericho governor Dr Eric Mutai has been ordered to pay Sh150,000 to a businessman who loaned him money as he campaigned for his gubernatorial seat.
Mr Emmanuel Mokoro successfully sued Dr Mutai, saying the Kericho County boss had refused to refund him the money he loaned him in July 2022.
Kericho resident magistrate Linda Kananu said in the ruling made on August 27 that she was convinced Mr Mokoro loaned him the money from the evidence provided, which included text messages.
“In conclusion, judgment is entered in favour of the claimant against the respondent (Dr Mutai) in the sum of Sh150,000 plus costs at court rates from the date of the judgment until payment in full,” the small claims magistrate said.
Mr Mokoro told the court that he loaned Dr Mutai the money on July 23, 2022, after visiting his home.
Dr Mutai denied the claims and said that if he received any money from Mr Mokoro, then it was for his campaign kitty as a donation or gift, adding that those are not refundable.
However, the magistrate said that after going through their text messages, she noted that there was evidence the money was lent as a loan.
The court said a money lending agreement does not necessarily have to be made in writing for it to be enforced.
“The fact, therefore, is that though the agreement between the claimant and the respondent was not in writing, it does not make it unenforceable,” said the magistrate.
