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Court orders arrest of Gor Mahia chiefs over unpaid bill

By Julius Chepkwony | Published Tue, April 17th 2018 at 13:23, Updated April 17th 2018 at 14:22 GMT +3
Gor Chairperson Ambrose Rachier at a past event. He is accused alongside three others of failing to clear a hotel bill. [File, Standard]

In summary

  • Particulars of the breach
  • Failing to pay up for services rendered to them.
  • Enjoying the services offered to them as per the agreement in total disregard of the payments required of themselves for the same services.

A Nakuru Court has issued warrants of arrests against four Gor Mahia Football Club officials over Sh437,000 debt owed to a local hotel.

Resident magistrate Wilson Kitur ordered the arrest of Ambrose Rachier (Chairperson), John Pesa (Vice-Chairperson), Ronald Ngala (Secretary) and Jolawi Obondo (treasurer) after they disobeyed a court order to pay sh437, 000 owed to a hotel in Nakuru.

They were sued alongside Kennedy Otieno.

Owners of Donnies bar and Hotel Limited in 2016 sued the club officials on behalf of the club.

Lawyer Gordon Ogola informed the court that the club officials have failed to honor the judgment of the court for two years.

Ogola said he had served club officials with letters to show cause as to why they should be convicted to six months civil jail but they had failed to reply.

“They have failed to honor the judgment of the court since 2016 to date, I pray to have warrants of arrest to issue,” said Ogola.

The hotel at all material time prior to the suit was the provider of accommodation services to the players of the football club having entered into an agreement.

The club as per the suit had agreed to pay a total of Sh737, 080 as the total cost of the services offered by the hotel to them.

On January 19, 2015 the hotel did start rendering accommodation and catering services to the club as per the arrangement and a deposit of Sh100, 000 was made on January 22, 2015.

Further on March 4, 2015 the chairman deposited another sum of sh100, 000 to the hotels account reducing the balance to Sh437, 080.

They however refused to pay the balance eleven months after their last deposit in March 2015. The hotel accused the club of breaching the terms of the agreement.

“The plaintiff (Donnies Bar and Hotel Limited) claims a sum of Sh437, 080 together with interest at 14 percent which is due and owing to the plaintiff by the defendants (Gor Mahia Football Club) for services offered which sum remains outstanding,” read part of the suit.

Donnies Hotel claims it has made demand and written notices to the club demanding payment and the club has remained adamant.

The court by a decree dated July 27, 2017 ordered Rachier to pay the remaining balance. He was to pay a total of sh445, 740 being a principal sum of sh437, 000 and interest of sh8, 740.

“It is hereby ordered and decreed that the defendants Ambrose Rachier do pay the plaintiff a sum of Sh437, 000 only with cost and interest on the principal amount at the rate of 12 percent per annum from May 30, 2016 to June 22, 2017,” read the orders of the court.

The hotel through lawyer Gordon Ogolla now want the club officials appear in court and show cause why they should not be committed to six months civil jail for failing to honour the orders of the court.

“Warrants of arrest to issue against the defendants (officials of the club) mention May 8, 2018,” ruled the court.

The club had been offered accommodation at the hotel for five days. 40 rooms had been set aside to accommodate the players and officials.


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