Kakamega: County officials sued for failure to disburse mortgages, want the case quashed

They say kitty run dry after former members failed to repay loans after benefiting.

Assembly officials sued by MCAs for failing to disburse car loans and mortgages want the case dismissed.

Through lawyer Geoffrey Mulanya, the respondents said the suit was actuated by malice and was aimed at removing his clients from office prematurely.

Mulanya told the court that out of nine respondents, only one was a member of the Loan and Mortgages Management Committee.

The 67 MCAs who had signed the petition, before 14 withdrew, had asked the court to declare the respondents unfit to hold office due to alleged embezzlement of funds.

Walter Maube (Butsotso South), Jackline Mwakha (nominated) and Josephat Mwasame (Kongoni) represented their colleagues who signed the petition.

Through lawyer Charles Malalah, the petitioners sought orders directing that their repayment period be extended since the funds had been delayed.

Additional costs

They asked the court to order the respondents to incur the additional costs caused by failure by the members to repay the loans on time.

In addition, the petitioners asked the court to order the respondents to furnish the county assembly with a list of former MCAs who benefited from the loans, how much each got, the money they had repaid as well as their outstanding balances.

The respondents told High Court judge William Musyoka that the deputy speaker was the chairperson of the committee, but he had ostensibly been shielded from being a respondent.

They said the petitioners selectively locked out the deputy speaker since he was, by law, a sitting MCA and one of their own.

Speaker Maurice Buluma, Clerk Patrick Wafula, his deputy John Simwa, head of legal Lawrence Were and assembly’s principal accountant Pascal Mwanje are cited as respondents.

Others sued include Nephat Mbati (internal auditor), Laban Maloba (head of Finance) and Beatrice Ilavonga (principal fiscal analyst) who the petitioners want to vacate office and remit the money to petitioners’ accounts.

Condoning corruption

The respondents allegations they were condoning corruption and mismanagement of Revolving Fund meant for the Mortgage Scheme.

They maintained that the scheme is a cash-back fund available to MCAs subject to availability of funds.

“The first and second respondents are members of the Budget and Appropriation Committee hence it was their duty to ensure that the (Revolving) Fund has enough allocations,” said Mr Mulanya.

Justice Musyoka is slated to rule on April 26.