In an effort to recoup Sh19 million in debt owing to a medical facility in Meru, an insurance business connected to Deputy President William Ruto may have its premises seized by auctioneers.
Africa Merchant Assurance Company Limited was unsuccessful in getting High court Judge Dorothy Chepkwony to postpone carrying out a lower court’s decision mandating that the money be given to the Mama Rael Memorial foundation.
Due to Amaco’s violation of an insurance contract, money was due.
Outraged by the ruling, it applied to the High Court for a stay pending an appeal.
They claimed that if the lower court’s ruling was not reversed, they would suffer significant losses and that they have a strong appeal.
They also mentioned to the court that they had changed advocates for purposes of conducting the appeal.
But Mama Rael opposed their application saying the court has no jurisdiction to determine the same issues that have been canvassed, heard and decided by the court.
Judge Chepkwony in her ruling said Amaco sought to file an appeal out of time and no substantive explanation has been given for the delay in filing the application
“In the absence of a proper explanation, this court’s hands are tied from exercising its discretion,”
She said the question of the advocates being new does not hold water as the previous advocates are shown to have actively participated in the matter.
“Any party has a right to choose advocates of their choice to represent them but the same should not be used as a toll to prejudice the successful party from reaping the benefits of their judgement, as I believe in the case herein,” she said
The Court observed there has been unwarranted delay in bringing the application and Mama Rael who won should not be denied the opportunity to enjoy the fruits of its judgement.
Chepkwony added that for orders sought to be granted, several conditions must be met. One of them is that a party should be able to demonstrate substantial loss to be suffered, and that application has been brought without unreasonable delay.
“It is clear the issue of stay has been deeply litigated and this court cannot make any other orders regarding the same. I am not satisfied the applicant has made out a case requiring the grant of the orders sought. The application is dismissed,” she said
Mama Rael moved to court in 2018 after Amaco refused to pay the shs10 million claim which has now accrued interest and risen to Sh19 million.
