Gakuo's family still want to proceed with the appeal

The late ex-Nairobi City Clerk John Gakuo

The family of the former Nairobi City Clerk John Gakuo hopes that an appeal filed before his death will clear his name. 

Yesterday, Justice Hedwig Ongu’ndi of the Anti-Corruption Court heard that although by nature the late Gakuo's case ought to abate, his family still wants to continue prosecuting it in a bid to prove his innocence.

“The deceased’s family wish is that the appeal he had filed will continue so that his name will be cleared,” said Gakuo’slawyer Assa Nyakundi.

Three other appellants will also push for a fresh bid to be released as the appeal continues after the court allowed them to file an application by Monday next week.

Director of Public Prosecutions Noordin Haji will then file his response to the application by November 21.

Star witness

Gakuo, former Local Goverment Principal Secretary Sammy Kirui, Alexander Musee and Mary Ngethe claim that the star witness in the case recanted his evidence in court, but the magistrate ignored that.

The four were convicted in May for their role in a multimillion-shilling scandal that rocked City Hall between 2008 and 2009.

Kirui and Gakuo were sentenced to three years in jail and fined Sh1 million each for abuse of office and failure to comply with procurement rules in purchasing the land.

Ngethe, who at the time was the city council’s legal director and chairperson of the tender evaluation committee, was also sentenced to three years in jail and fined Sh52 million while the committee’s secretary, Musee, got three years and a Sh32 million fine.