Jirongo wants confiscated household goods returned

By Nancy Akinyi

Lugari MP Cyrus Jirongo wants auctioneers who took his household goods two weeks ago over Sh45 million debt to return them.

Jirongo says his family has been unable to carry out their normal day-to-day functions following the auctioneer’s raid.

"My family and I are unable to carry out our normal day-to-day functions. Accordingly, it is necessary that the said goods be returned forthwith," he states in an affidavit.

The Lugari MP promises in the affidavit not to sell the goods, adding that he is ready deposit the stated value of the goods in court.

In application under certificate of urgency, the Lugari MP wants the court to issue an order restraining the decree holder from executing the decree dated June 28, 2008.

And following his request, trial judge Hannah Okwengu has summoned the MP to court next Tuesday to be cross-examined on the affidavit.

The dispute dates back to 16 years, when a company associated with Jirongo — Cypper Enterprises Limited — borrowed money from one Shamsudin Nurani, who is now deceased.

It was a term of the said agreement that another company associated with Jirongo — Dale Investments company situated in Ziwani road, Mombasa — was used to secure the said loan of Sh45 million.

Suit papers

The debt now stands at Sh68 million. The suit papers state that the parties entered into a consensual agreement, which allowed for auctioning of the said property in case Jirongo was not able to pay the sum of Sh45,843,750.

The papers further state that it was agreed that once Dale Investments was sold through auctioning as was done on July 29 2005, then the debt was to be marked as settled.

But Jirongo says that the said auction, which disposed of his Dale Investments company, was fraudulently done. He says it was held in an underhand manner, in total disregard of auctioneers rules at a gross undervalue of Sh20 million against a market value of Sh40 million at the time.

The auctioneers took away a generator, utensils, cupboards, furniture and other household goods from the city residence as the MP and his family watched helplessly.

Three lorries

They arrived at the MP’s Gigiri home in three lorries early in the morning in the company of police to effect court orders.

About 20 youths who were accompanied by 10 police officers arrived at the posh compound and started to load the property unto the waiting lorries.