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Court orders auctioneers to break into MP Jayne Kihara’s home over Sh11m Mututho debt
Naivasha MP Jayne Kihara.
What you need to know:
- Justice Julius Nangea issued the break in order allowing auctioneers appointed by Mr Mututho to access and attach the MP’s property for auction.
- The Officer Commanding Naivasha Police Station has been directed to oversee the operation and ensure compliance with the court order.
The High Court in Nakuru has permitted auctioneers to forcibly enter the homestead of Naivasha MP, Jayne Kihara, to recover a debt of Sh7.5 million owed to former legislator John Mututho.
Justice Julius Nangea issued the break in order allowing auctioneers appointed by Mr Mututho to access and attach the MP’s property for auction.
The Officer Commanding Naivasha Police Station has been directed to oversee the operation and ensure compliance with the court order.
“A break-in order is hereby issued in favour of the third respondent (Mututho) allowing him, through his appointed auctioneers Impair Group of Companies, to break and gain access into the petitioner’s (Kihara) homestead in Maraigushu, Naivasha Constituency, to levy execution for the balance of the decretal sum,” ruled Justice Nangea.
The amount is part of court-awarded costs to Mr Mututho following an election petition filed against him by Ms Kihara in 2008.
The court ruled in Mr Mututho’s favour on December 19, 2019, awarding him Sh7.5 million plus interest.
Despite the ruling, Mr Mututho returned to court claiming Ms Kihara had frustrated efforts to recover the debt.
He alleged that his auctioneers were violently turned away from her residence when they attempted to execute the warrant.
The former National Campaign Against Drug and Substance Abuse (Nacada) chairman further accused the MP of using court applications to delay and derail the execution of the judgment. All the applications filed by Ms Kihara were dismissed.
The court heard that Ms Kihara had written to the auctioneers proposing a meeting to arrange payment, but the meeting never materialised.
On October 18, 2023, auctioneers attempted to execute the warrant issued on September 29, 2023, but were met with violent resistance from security guards.
Fresh warrants of attachment were issued on November 29 and again on December 11, 2023, but both attempts were thwarted in a similar fashion.
Initially, the court awarded Sh7.5 million which has since accrued to Sh10,988,786 in interest. MP Kihara reportedly paid Sh3 million before efforts to recover the remaining balance stalled.
In his ruling, Justice Nangea noted that there were no orders for staying execution of the judgment apart from the appeals filed.
He faulted the MP for frustrating the lawful recovery of the decretal sum without valid justification.
