, NAIROBI, Kenya, Aug 25 – Former Co-operatives Development Minister John Cheruiyot has been committed to civil jail for six months for failure to settle a Sh2.3million debt owed to Siaya businessman Anthony Lang’o Odhiambo, for the last 20 years.
The politician was following the execution of a warrant issued against him on January 6 requiring him to honour a decree in favour of the businessman who had printed and delivered 50,000 KANU paper caps to Cheruiyot in November 1994.
Nairobi Senior Principal Magistrate, Martha Mutuku, dismissed an assertion by Cheruiyot that he had suffered a series of misfortunes and could not make good his promises to settle his indebtedness.
“It is not enough for him to state that he is ready and willing to pay the debt without any offer. The plaintiff is also entitled to enjoy the fruits of his judgment,” she stated.
The magistrate observed that Cheruiyot had promised to pay on December 15, 2012 but did not fulfil his obligation.
“Cheruiyot has not shown any commitment at all to honour the debt despite the numerous times he has been accommodated by the court. I hereby order that he be committed to civil jail for a period of six months,” She stated.
An interlocutory judgment had been slapped against Cheruiyot on January 26, 1998 for failure to enter appearance and defence in the civil suit filed by Lang’o in 1997.
The businessman had explained how Cheruiyot had ordered the paper caps on June 16, 1994 at a cost of Sh12/50 each and paid him with a personal cheque of Sh60,000.
Cheruiyot had reportedly issued a cheque for Sh10,000 but it bounced and the balance of Sh565,000 was never settled.
The outstanding debt had accrued Sh1,660,264 in interest.
The aggrieved businessman had initially sued Cheruiyot alongside former KANU Chairman Wilson Ndolo Ayah, former Secretary General, the late Joseph Kamotho and the treasurer, Japheth Lijoodi.