[Nyaribari Chache MP Richard Tong’i in a past event. His goons prevented auctioneers from attaching his property. Photo/Hivisasa.com]
Nyaribari Chache Member of Parliament Richard Tongi’s supporters on Friday thwarted an attempt by auctioneers to attach his property in Amariba, Kisii County.
Their action marked a second day of defiance against a court order issued by a Kisii court to compel the MP to pay Sh 2.4 m in rent arrears to Mr Robert Kaunda, a local landlord.
On Thursday, they had blocked the bailiffs from the Nyaribari Chache CDF office.
The goons, who were armed with clubs, machetes, bows and arrows, briefly blocked the Kisii-Kilgoris road as they chanted slogans in support of the legislator.
Bailiffs from Nyachoti and Company Auctioneers that were sent to enforce a court order on rent arrears could not make it past the charged crowd.
Police attached to the Kiogoro AP Camp formed a barrier between the bailiffs and the supporters who were baying for their blood.
They did not however disperse the goons, who later dispersed after the auctioneers had left the area.
Auctioneer Mr Josphat Nyachoti said he had exhausted the available options in enforcing the court order.
“This matter seems to have taken a political dimension and we are no longer able to enforce the court order. We may return at a later juncture to enforce court orders since they are not optional,” the auctioneer said.
Friday’s drama ensued after Nyaribari Chache MP Richard Tong’i was ordered by a Kisii Court to pay Sh 2.4 m in outstanding rent arrears.
This follows a ruling made by Senior Principal Magistrate John Njoroge regarding a rent dispute between the plaintiff, Mr Robert Kaunda and the legislator.
Other respondents named in the suit include the Nyaribari Chache CDF office and the Parliamentary Service Commission.
In the suit filed by the petitioner against the respondents, Mr Kaunda alleged he had not been paid rent for the use of his premises by the Nyaribari Chache CDF office over a period covering 51 months.
“Since the day we agreed with the MP to let the CDF office occupy my premises, I have not received a penny in rent from him or the CDF management. All I have been receiving from him are promises that ultimately bore no fruit,” said Mr Kaunda.
Under cross-examination, CDF office manager Mr David Nyantari had previously admitted the failure of the office to pay the rent arrears before the court.
“We are yet to remit the rent arrears to the plaintiff. This situation is not of our making since it has been compounded by the failure of the parliamentary service commission to recognize the rent agreement signed between the office and Mr Kaunda,” said Mr Nyantari.
Parliamentary Service Commission counsel Ms Susan Mukindia however absolved the body from blame over the impasse, saying it had duly forwarded the funds for the rent.
“We have completed the process of transferring the funds for the rental payments from our end. The PSC has duly fulfilled its obligations regarding the rent matter,” said Ms Mukindia.
PSC Liaison Officer Ms Agnes Kamoni who also testified before the court said the cash transfers were regularly made to the office on time.
He urged the court to expedite the clearance of the arrears through an order, and a further instruction on the payment of interest on the amount.
“If it pleases the court, we would like to appeal for an order compelling the respondent to settle the rent arrears and also impose interest on the transaction in lieu of the delayed payments,” said Mr Begi.
SPM Njoroge granted the petitioner’s request and issued the order with costs to the respondent.
Failure by the respondent to obey the orders could result in his property being attached by auctioneers until the monies are paid in full.
Mr Begi meanwhile indicated he would seek an arrest order against the MP in order to compel him to pay his client.
“Mr Tongi must learn to obey court orders. The law applies to all and does not change despite the fact that he is a sitting member of parliament,” said Mr Beg.