Former Kathiani MP Wavinya Ndeti risks civil jail if she fails to pay a Sh10 million fine after losing the petition challenging Machakos Governor Afred Mutua's win in August 8 elections.

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According to the former Law Society of Kenya Chairman Eric Mutua, any politician who does not respect a court verdict in regard to fines will be subjected  to a jail term if she or he lacks assets that can be auctioned. 

“We call them the decree-holder, the person who has the award in his favor can instruct an auctioneer to look if you have assets to be attached to recover the cost. If you have no assets, you will be committed to civil jail for non-payment,” Mutua said.

Ndeti had moved to court to challenge the outcome of the August 8, 2017 general elections on the grounds that they were marred with illegalities and irregularities. 

In his ruling, however, Justice Aggrey Mchelule said that Ndeti’s case against Mutua lacked sufficient evidence that could lead to the nullification of the outcome.

Ndeti has since said she will appeal the ruling that favored her opponent.

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