Deputy President Rigathi Gachagua on Thursday, March 9, was slapped with a Ksh5,000 fine for the adjournment of a case over the control of Ksh1.5 billion land near the Jomo Kenyatta International Airport (JKIA).
Speaking to Kenyans.co.ke, a source privy to the matter indicated that the case was adjourned after the lawyer representing the DP stated that he was unwell.
With the advocate pointing out that he was indisposed, Justice Ogutu Mboya ruled that Gachagua and Wamunyoro Investment Limited- a company associated with him- be fined a Ksh5,000 fine due to the adjournment of the case.
“The plaintiff shall pay court adjournment fees of Ksh5,000 payable to the National Treasury within seven days in default, he shall have no right of audience,” the Judge ruled.
A company challenging Gachagua's ownership of the property asked for the substitution of the firm's CEO as the prime witness after being hospitalised.
“We may at some point consider substitution of Michael John Ohas who is the prime witness since he has been ill for a while and was hospitalized recently,” the lawyer representing the company told the court.
While responding to the plea, Justice Mboya directed for the application to be made in advance and scheduled the hearing for Thursday, March 16.
Gachagua is fighting for the Ksh1.5 billion property in a case where the DP claimed that another company illegally obtained a title deed for the piece of land in question.
According to past court documents, Gachagua through his lawyer stated that the records held at the Lands office were allegedly tampered with and used as a means of a political witch hunt.
The matter was dragged to court after a former director of physical planning at the Land Ministry in the 1980s filed a suit seeking to have Gachagua's title deed revoked and given to another company.
The claim was, however, disputed in a recent court proceeding where another lands officer claimed that the title deed in Gachagua's possession was legitimate.
At the time, the lands officer claimed that Gachagua's company was already in existence and the title deed was still legally binding.
