NAIROBI, Kenya, Nov 16 – The family of the late Nairobi Town Clerk John Gakuo now wants the appeal challenging his conviction heard and determined.
Lawyer Assa Nyakundi told justice Hedwig Ong’udi that the family wishes to have Gakuo’s name cleared despite his death.
“The family maintains that Gakuo was not corrupt and that he never deserved conviction. His name must be cleared,” the lawyer argued.
Nyakundi stated that Gakuo worked in many places including City Hall, Ministry of Health and Kenyatta National Hospital and brought sanity in the capital city.
“The anti-corruption court jailed the wrong person who must be cleared,” he said.
The judge directed that the pending case should be heard on a priority basis.
She further ordered parties to file an application seeking review of bail pending appeal.
In their appeal, Gakuo, Mary Ngethe, former PS Sammy Kirui and Alexander Musee wanted the execution of the sentence issued by Anti-Corruption Chief Magistrate Douglas Ogoti suspended to allow them to argue their appeal.
Nyakundi said that the appellants do not have any previous convictions to warrant the High Court denying them bail.
Gakuo and Kirui were jailed for three years each for the role they played in the Sh283 million cemetery land scandal.
The two were ordered to pay a 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 Musee were also found guilty of knowingly giving false information about the purchase of the land in Mavoko.
Ngethe and Musee were sentenced to three years in prison each.
They were also found guilty of giving a false valuation report which was used to purchase the land in question.