A former Member of Parliament and her husband might spend more time in prison after the court denied them bail.
An Eldoret Court rejected an application for bail pending an appeal by former Eldoret South MP Peris Simam and her husband Enock Kimeli Simam.
Defence lawyers had applied to the court for the suspension of the sentence slapped against them on Friday pending an appeal against the ruling.
But while delivering the verdict on the application yesterday, Eldoret Chief Magistrate Wanjiku Cherere said bail can only be granted if there are exceptional or unusual circumstances.
CHALLENGE RULING
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“The likelihood of success in the appeal is a factor to be taken into consideration in granting bail pending the appeal. The applicants have not demonstrated existence of any exceptional or unusual circumstances and since no appeal has been preferred; they are not in a position to demonstrate that the intended appeal has a likelihood of success,” she ruled.
The Court was packed with family members and friends.
Defence lawyers said they will move to the High Court to challenge the ruling afresh.
Simam and her husband had been sentenced to 18 years, if they fail to pay a fine of 10.6 million.
The two lost a court case in which they were accused of conspiracy to defraud, abuse of office, and fraudulent acquisition of property.
The MP, who fell sick after she was sent to the Eldoret women prison on Friday last week, was by yesterday afternoon still admitted at the Moi Teaching and Referral Hospital (MTRH) Eldoret Memorial wing under guard.
A number of her supporters and constituents camped outside the hospital’s private section.
At the Simams’ home in Bindura area in Kesses constituency, Uasin Gishu County, the compound was deserted.
The Standard team found only two workers, who were milking the family’s dairy herd.
A former high school teacher, Simam went for the Eldoret South MP’s seat in 2007 on an ODM ticket.
She won overwhelmingly, beating a host of male candidates.
RESTORE CONFIDENCE
She was expected to make a political come-back next year, after failing to clinch the MP’s seat in 2013.
Villagers described their former MP as a person who got along well with everyone even when she served as MP.
Other observers said the conviction of the former Eldoret South MP will help restore public confidence in courts in the war against graft.
It also gives a major boost to the Ethics and Anti-Corruption Commission (EACC), which had previously been viewed by many as a toothless dog.
Within a period of less than a month, top officials have been convicted after they were found guilty of economic crimes ranging from corruption, flouting procurement laws and using their positions improperly.
Last month, three officials of Nyeri County were fined Sh24 million for the loss of Sh3.7 million.
Chief Magistrate John Onyiego found the three guilty of flouting procurement laws and using their positions improperly.
EACC North Rift branch deputy director Enoch Otiko insists many cases are yet to be concluded.
He said EACC was still working on cases involving officials from Trans Nzoia and Turkana counties.
“Many people thought that we are not active in what we do, our investigations might be slow but we shall finally conclude the cases,” he said.
