Gakuo, Mary Ngethe, former PS Sammy Kirui and Alexander Musee formerly of the procurement officer want the execution of the sentence issued by Anti-Corruption Court Chief Magistrate Douglas Ogoti suspended to allow them argue their appeal/CFM NEWS
NAIROBI, Kenya, Jul 5 – Former Nairobi Town Clerk John Gakuo and three others who were convicted in the Sh283 million cemetery land scandal have applied for release on bail pending appeal of their sentence.
Gakuo, Mary Ngethe, former PS Sammy Kirui and Alexander Musee formerly of the procurement officer want the execution of the sentence issued by Anti-Corruption Court Chief Magistrate Douglas Ogoti suspended to allow them argue their appeal.
The appellants through their lawyers, Asa Nyakundi, Wilfred Nderitu and Osoro Mogikoyo, have submitted to the presiding judge John Onyiego, that the applicants have an arguable appeal against the conviction by the trial magistrate.
The court heard that the intended appeal raises substantial questions of law, which if decided will be in favor of the appellants and result in a reversal of their conviction.
Nyakundi objected what he said was Gakuo’s holding in agony adding that if the appeal succeeds he will have suffered.
He told the court that Gakuo who is currently over 60 years is suffering from high blood pressure with a persistent chest problem and has been in and out of hospital due to ill-health.
Nyakundi, said that the appellants do not have any previous convictions to warranty the high court deny them bail pending appeal.
The application by the appellants was opposed by senior prosecution counsel Jemima Aludah who said the convicts were under duty and care to ensure that public interest is considered in the course of their employment and in execution of duties.
She told the judge that the evidence on record clearly shows that the appellants were found guilty and convicted accordingly, which demonstrated that the prosecution discharged its duty intelligently.
The court heard that the applicants will not suffer any prejudice should the appeal be heard while they are serving the sentence.
“The appellants’ rights to freedom is not absolute as the same had already been extinguished when they were convicted and sentenced for the charges preferred against them ” she told the court.
The court will deliver its ruling on July 31 on the appellants’ application for bail pending appeal.
The Anti-Corruption Court sentenced Gakuo and Kirui to three years in jail each for role in Sh283 million scandal.
The two were ordered to pay fine of Sh1 million each after they were found guilty of abuse of office and failure to comply with procurement laws.
Their co-accused Ngethe, a former city council Legal Secretary, and Alexander Musee were also found guilty of knowingly giving false information about the purchase of land in Mavoko.
Ngethe and Musee were sentenced to three years in prison each.
They were also found guilty of knowingly giving false information about the same for which offense they were sentenced to three years in prison each.
Further, Ngethe was fined Sh52 million to which alternative he would serve a further one year in jail while Musee was to pay a fine of Sh32 million or serve a further one year in jail.
They were also found guilty of giving a false valuation report which was used to purchase the land in question.
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