The High Court in Kisumu has fined Governor Anyang’ Nyong’o and his sister Risper Nyagoy Nyong’o Sh400, 000 each for contempt.
The siblings failed to appear in Court for the second time in a case against their nephew Mr Kenneth Okuthe over the allocation of their father’s multi-million-shilling estate.
Finding them in contempt of the court, Justice Thripsisa Cherere said Anyang’ and Nyagoy will be jailed for one month should they fail to pay the fine within 30 days.
Justice Cherere further ruled that if the duo failed to comply with an earlier court order that directed them to produce documents of the estate, then they will be liable to pay an extra Sh50,000 each for every month.
Jefferson Museve, who represented Nyongo and his sister, however defended their absence saying they had lost their mother.
“Their mother passed on and we are seeking the court’s indulgence to give them time to mourn,” Museve told a packed courtroom Thursday.
But lawyers representing the governor’s nephews, led by Rogers Mugumya, said the duo did not have a valid reason to skip court.
Mugumya said the Kisumu governor and his sister have failed to honor court orders for eight months since the orders were issued.
“Death is not an extraordinary circumstance and we pray for a warrant of arrest against the two,” said Mugumya.
In her ruling, Justice Cherere said that she gave the respondents enough time to attend court but they still failed to do so.
“I do not believe that they could have not spared time to attend court and I, therefore, will deliver the sentence. I therefore fine them Sh400, 000 each to be paid within 30 days,” ruled Cherere.
Defense lawyers lauded the ruling and termed it as a step in the right direction in ensuring that court orders are obeyed.
“We are happy with the sentence but we will bring them back with another contempt of court case should they fail to obey the sentence,” said Mugumya.
