Mathira voter fights civil jail sentence over Sh9.5m legal costs

A voter jailed for failing to pay costs of Sh9.5 million in the Mathira parliamentary election petition has moved to court challenging his committal to civil jail.

Mr Michael Gichuru, a photographer in Karatina town, was sentenced in March by Nyeri High Court Deputy Registrar Damacline Bosibori after failing to pay lawyers that amount in legal costs.

On Wednesday, he filed a judicial review application saying the entire process of committing him to civil jail was flawed and that the Sh9,518,972 million demanded from him was exorbitant.

He alleged prejudice and said the Deputy Registrar’s decision of March 18 should be reversed.

Mr Gichuru's lawyer told Justice Jairus Ngaah that he also intended to file an appeal challenging the cost of the suit, which was capped at the said amount.

QUESTIONS

But the judge questioned why Mr Gichuru or his advocates did not challenge the cost immediately after he was ordered to pay in July 2018.

After lawyer Kinuthia termed the costs excessive, Mr Ngaah asked for the amount he would propose but he said he had not made a projection.

The lawyer further said that at the time his client was jailed, he was unaware of the costs since he had not been served with a court order requiring him to make a payment.

The court also heard that Mr Gichuru’s former representatives, M/S Rachier & Amollo Advocates, were not involved in the taxation process.

Mr Gichuru was committed to civil jail after Mathira MP Rigathi Gachagua’s lawyer, Mr Wahome Gikonyo, complained that he was yet to settle the costs.

However, the hearing of the application aborted after Mr Gikonyo said he had just been served with another document by Mr Gichuru’s lawyer and that he needed time to respond and file a comprehensive affidavit.

He also told the court that he was opposed to the review of the application and that he would seek to have Mr Gichuru demonstrate his ability to pay the costs.

The hearing was adjourned to April 8.