The Small Claims Court in Kakamega has ordered Mumias East MP Peter Salasya to settle a debt of Ksh.500,000, along with interest and legal costs, to businessman Robert Lutta.
The businessman initiated the case, contending that the legislator failed to repay the debt he extended on December 13 of the previous year, under the agreement that repayment would occur within two months.
Mr Lutta presented documents from Kenya Commercial Bank (KCB) Mumias branch as evidence in court, demonstrating that he transferred the money to Salasya’s bank account.
Represented by his lawyer Edwin Wafula, the businessman claimed that Salasya had declined to repay the loan.
In response, Salasya denied that he borrowed money from the businessman. Instead, he asserted that he was the one who lent the claimant Ksh.1 million through his political advisor, Mr. Bernard Kemba.
In her ruling, Magistrate Gladys Kiama dismissed Salasya’s assertion for lack of evidence.
“The respondent (Salasya) first claimed he had personally loaned the petitioner (Mr Lutta) Sh1 million in cash but later changed during the hearing stage and said that he had loaned the money through a proxy. The proxy in question, one Bernard Kemba, could not even identify the claimant (Lutta) even after an identification parade was carried out in court claiming that the camera was not clear even though their lawyer was able to identify those appearing on the screen. I therefore find the counterclaim inconsistent,” ruled Magistrate Kiama.
“I also note that there was nothing to support the allegations that the claimant borrowed money from the respondent, there was no evidence to support his claim,” she noted.
The claimant’s lawyer expressed satisfaction with the ruling, affirming that justice has prevailed, and they are prepared to implement the judgment.
“We will be hoping that he settles the loan without undue duress from us, justice has prevailed, I believe in the course of law regardless of the position of someone in society, courts of law work based on the evidence presented by either party,” said Edwin Wafula.
“We shall be proceeding to execute the ruling which entails attaching his property or putting him in jail. We pray that he(Salasya) settles the money without due duress from us,” he added.
