Kisii Governor Simba Arati, Dennis Mokaya and former Kisii Deputy Governor, Robert Monda.
Just hours to judgment day and 12 months after the humiliating impeachment of the second Kisii Deputy Governor, Robert Monda, the witness-in-chief, whose bribery claims the Senate and the Kisii County Assembly relied on to oust the former DG, has moved to court to recant his earlier evidence.
Mr Dennis Mokaya, in two petitions filed at the Nyamira law courts, now says that he had lied under oath as his testimony was allegedly made under coercion, threats and undue influence by Kisii County Governor Simba Arati and his handlers.
Justice Wifrida Okwany, on April 1, certified as urgent two separate petitions by Purity Moraa and Vincent Omao, listing the matter for mention on April 3, 2025.
"That the application is hereby certified as urgent. That the application is to be served to the respondents and the interested parties. That the matter be listed for mention on April 3, 2025, for directions," ordered Justice Okwany.
Dennis Mokaya testifies before the Senate during the impeachment hearing of Kisii Deputy Governor Robert Monda on Wednesday, March 13, 2024.
Ms Moraa and Mr Omao want the judgment, set for April 3, deferred in view of fresh evidence by the witness-in-chief.
“…it is fair that this court arrests the delivery of judgment pending taking of new evidence,” argued Ms Moraa in court papers.
The petitioners opine that Dr Monda’s constitutional rights were violated and that he will continue to suffer “grave and irreparable prejudice” as he cannot be appointed to any public office or run for elective posts.
Following his impeachment on March 14, 2024, Dr Monda filed several cases in Kisii, Nairobi, Nyamira and Machakos courts challenging his ouster, but the cases were consolidated, and the hearing has been going on at the Nyamira High Court.
Senate Speaker Amason Kingi, the Senate, Government Printers and Mr Arati are some of the listed respondents in the two petitions.
During the impeachment proceedings, Mr Mokaya testified that Dr Monda had demanded Sh800,000 in exchange for a job as the Commercial Manager of the Gusii Water and Sanitation Company (Gwasco).
The Senate found his evidence merited, successfully sending the former DG home.
“I apologise to the people of Kenya, specifically the people of Kisii County, for my false witness statements and the evidence I tendered before the County Assembly of Kisii and the Senate,” read the affidavit filed by Mr Mokaya.
Mr Mokaya now says that it was Mr Arati who had instructed him to frame the former deputy governor in exchange for the job that he had applied for.
“As I waited for communication (on job application) from the county government, I received a call from an unknown number, and the caller informed me that he was someone working at the County Government of Kisii,” reads the new affidavit by the witness.
The caller allegedly invited him to the Kisii County headquarters, where he was told that the governor was impressed with his curriculum vitae before finally being ushered in to meet the governor, reads the new affidavit.
“Upon meeting the governor, I was told that I could be given the job I had applied for if I accepted to testify against the DG whose impeachment was in the pipeline,” says Mr Mokaya.
He avers that, while with the governor, he was shown Dr Monda’s M-Pesa statement, which reportedly contained a transaction between him and the former DG on May 28, 2023.
Kisii Deputy Governor Robert Monda arrives at Senate on March 13, 2024 for his impeachment hearing.
Mr Mokaya asserts that he had sent the mentioned money to Dr Monda as repayment for a loan his father had borrowed from the impeached deputy governor.
During the impeachment, Mr Mokaya had submitted that, together with his father, Joseph Misati, they met Dr Monda at his home in Keumbu and on May 28, 2023, sent Sh500,000 via M-PESA to Dr Monda.
He told the Senate that the remaining Sh300,000, it was agreed, would be delivered to the deputy governor’s office at Gusii Stadium the following day.
In his new affidavit, Mr Mokaya regrets his actions, saying that he only shed tears at the Senate as part of the script allegedly designed by the governor’s handlers and meant to whip the senators’ emotions.
He also notes that he had never visited Dr Monda’s office and never gave him any money in cash.
At the Senate, Dr Monda had unsuccessfully defended himself against the bribery claims, noting that Mr Misati was his longtime friend and that the payment was for a Sh600,000 debt that the latter owed him.
In the fresh affidavit, Mr Misati’s son now agrees that the former DG is a family friend, whose relationship with his father dates back to 1996.
Kisii Governor Simba Arati.
“Due to their friendship, I am aware that the two have been loaning each other money, including helping each other pay for school fees and to meet other financial needs from time to time,” Mr Mokaya says.
He submits that the governor’s handlers instructed him to use the money transaction to make up a story against his father’s friend.
“I was tasked to convince my father to also give false testimony against Monda, however, he refused and warned me against it. When I proceeded with the assignment, my family isolated me. I had to leave home and stay in a hotel that was paid for by the governor’s handlers,” reads Mr Mokaya.
Mr Mokaya further states in the affidavit that the governor's handlers allegedly threatened him that Governor Arati would release the outlawed gang called “amachuma chinkororo” on him should he think of backing out of the deal.
“I was caught between a rock and a hard place, and I chose the path of least resistance…since I feared for my life and that of my family,” he says.
He further claims that all his complaints, as relayed before the County Assembly of Kisii and the Senate, were drafted by Mr Arati’s men.
“I was only required to append my signature,” reads the affidavit.
Of initial claims that he had sold a business in Nairobi to raise the Sh800,000 bribe, Mr Mokaya now says that he did not own or sell any business.
“My family no longer wants to be associated with me for betrayal. This decision, made with the best intentions regarding the safety of my family, has ended up being the proverbial straw that has broken the camel’s back”.
Mr Mokaya is saying that he is haunted by his actions as he has never spoken with his father and mother ever since he gave the false testimony “under duress”.
He submits that he is a Christian and is tormented for having given false witness against Dr Monda.
“I swear this affidavit with a clear conscience and belief that the truth will set me free. This is the truth,” Mr Mokaya says in the fresh affidavit, dated March 4, 2025.
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