A flamboyant former Youth Fund boss seems to be winning even in incarceration after the latest order by a court of law to furnish him with a daily per diem.
Gor Semelang’o, is entitled to a per diem of Ksh1,800 for each of the 30 days that he will spend in police custody.
In a ruling, the magistrate who made the award explained that it was a 'subsistence allowance' since Semelang’o was in detention under a civil case arrangement, and not a criminal offence.
“Whereas the said Evans Gor Semelang’o has neither obeyed the decree nor satisfied the court that he is entitled to be discharged from custody, you are hereby commanded and required to take and receive the said Evans Gor Semelang’o into the civil prison and keep him imprisoned therein for a period not exceeding 30 days, or until the said decree shall be fully satisfied or the said Evans Gor Semelang’o shall be otherwise entitled to be released according to the terms and provisions of section 42 of the Civil Procedure Act 1948.
“The court does hereby fix Ksh1, 800 per diem as the rate of the monthly allowance for the subsistence of the said Evans Gor Semelang’o during his confinement under this warrant of committal,” ordered a magistrate according to K24 TV.
At the end of the jail period, the detainee will walk away with Ksh54,000.
On Tuesday, September 24, Gor was sentenced to 30 days in prison for defying a court order issued on November 27, 2017.
Semelang’o had been on the run until the police finally caught up with him.
He was accused of defaulting on a Ksh9 million debt and consequently evading police arrest.
Speaking to a Kenyans.co.ke, a lawyer confirmed the existence of the law gifting Semelang'o the per diem, but explained that it was not commonly followed by the Kenyan courts.
"What I understand is the issue of civil jail which means that when I have your debt and you have defaulted to pay, I can have you be committed to prison for not paying. That is under the Civil Procedure Act.
"The rationale behind the jail term is because you have neglected to pay. After you come out of jail, the person you owe can still make a formal complaint to have you be compelled to pay again," he explained.
The former Youth Fund chairman is known for his flashy, philanthropic, outgoing nature and has reportedly had several chase cars in his entourage in the recent past.
President Uhuru Kenyatta fired Semelang'o from the Youth Fund barely a year after he had been appointed by the former president Mwai Kibaki.
In 2013, Semelang”o was among the influential youth who volunteered to shield Uhuru against ICC accusations.
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