Bail hearing set for ex-PS Kirui, former Town Clerk Gakuo over cemetery land scam


Bail hearing set for ex-PS Kirui, former Town Clerk Gakuo over cemetery land scam

In Summary

  • This comes after parties, including the Director of Public Prosecution, made their submissions on bail pending appeal.
  • Gakuo together with Kirui and two others want the court to release them on bail pending the hearing and determination of the main appeal.
  • The DPP has, however, objected to their release saying the appeal before the court has no overwhelming chances of success and therefore Gakuo should serve the sentence passed by the lower court.

The High Court will on July 31, 2018, rule on whether ex-Nairobi Town Clerk John Gakuo, former Local Government PS Sammy Kirui and others will be released on bail pending hearing and determination of their appeal.

This comes after parties, including the Director of Public Prosecution, made their submissions on bail pending appeal.

Gakuo, together with Kirui and two others want the court to release them on bail pending the hearing and determination of the main appeal.

The DPP has, however, objected to their release saying the appeal before the court has no overwhelming chances of success and therefore Gakuo should serve the sentence passed by the lower court.

The main appeal will be heard on July, 23, 2018.

In May this year, Gakuo and Kirui were jailed for three years each for their roles in the Ksh.283 million cemetery land scam.

The two were also directed to pay a fine of Ksh.1 million each after they were found guilty of abuse of office and willful failure to comply with procurement laws.

Chief Magistrate Douglas Ogoti said the sentencing was in respect to their role in the defunct Nairobi City Council’s purchase of the Ksh.283 million land in Mavoko.

The magistrate said the prosecution demonstrated that the two accused persons knew the tender documents were false but did nothing to stop the embezzlement.

Also convicted was Mary Ngethe, a former City Council Legal Secretary, and Alexander Musee who were also found guilty of knowingly giving false information about the same.

Ngethe and Musee were also sentenced to three years in prison each.

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