Siaya deputy governor wants court to dismiss suit on high end car

Siaya Deputy Governor William Oduol is embroiled in a legal battle over a high-end car.

Mercedes Center Limited claims that Oduol sent someone to pick up the car for a test drive but it was never returned.

Oduol however, says that he is a stranger to the claim and the case is meant to tarnish his good reputation.

"I have never requested the applicant nor the interested party for a test drive," he said.

Mercedes Center, in its case filed at the Kibera Magistrate's Court by KAN advocates, sued the deputy governor alongside Prisca Okumu and Kenneth Okumu.

The company claims that Oduol and Prisca spoke to the manager, Francis Gitau Ngure, on the phone and agreed that Mr Okumu would pick up the car for the test drive.

However the firm alleges that after the top-of-the-range vehicle left the yard over nine months ago, it has never been returned or purchased.

While denying the allegations Oduol wonders why the company never reported the matter yet the vehicle has been missing for more than 10 months.

Mercedes Center however claims that the matter was reported at the Kilimani Police Station.

An affidavit sworn by Ngure on behalf of Mercedes Center Limited, stated that the vehicle a Toyota Prado belongs to Clyde Motors Company Limited.

According to Ngure, Clyde Motors has the authority to sell the vehicle.

He claims that Oduol and Prisca approached him expressing interest to purchase the vehicle through a phone call.

Ngure alleges that Okumu (Ms Okumu's sister) was then sent to pick up the car for a test drive and they spoke on the phone agreeing on when he would come to pick it.

"The 2nd and 3rd respondents being known to me, I allowed them to pick the car unsupervised but have since disappeared and do not answer calls," he said.

The manager says the registration plates of the said vehicle are in his possession since the car was released for a test drive only.

He further claims that attempts to recover the vehicle have been futile.

In response, Oduol says that the two companies did not demonstrate how the vehicle left their showroom or show any test booking nor any offer letter to purchase the Prado.

While seeking dismissal of the matter, the deputy governor argues that he reads malice in the application as it can be conveniently used to defame him given his position.

Prisca denies ever approaching Clyde Motors to purchase the vehicle or asking anyone to go take the vehicle for a test drive.

She also reads malice into the application since there is no evidence on how the vehicle left the showroom or any test drive booking letter produced.

"I urge this honorable court to treat these allegations as a mere hearsay with no merit whatsoever, as the applicant has failed to link the 3rd respondent (Oduol) to the said vehicle," she said.

Okumu says that he did not request to take the said vehicle for a test drive or approach the company seeking to purchase it.

He wonders how the vehicle has been missing for 10 months yet they had not reported it to the police and it is not proven how it left the showroom or produced a test drive booking or any offer to purchase it.

"I pray that this honorable court dismisses this frivolous and vexatious application meant to waste the courts time," he says.

Ngure claims that Oduol has allegedly failed to honor the summons to appear at the police station.

In the application, the two companies are seeking orders to have the deputy governor, Prisca and Okumu arrested and produced in court.

They also want the Officer Commanding Station (OCS) Kilimani Police Station to recover the said vehicle.

They argue that the continued possession of the vehicle is denying them the right to property since it is their source of livelihood.

Oduol also filed an application in court seeking to stop his arrest, claiming that the OCS and the police officers have been harassing him.

"I have ably responded to the application dated February 8, 2024, and I am confident that the said application will be dismissed," he says.

He alleges that the harassment by police is questionable since he is a senior member of the society.

"It will be fair and just if this honorable court stops the 2nd respondent and his officers from constant harassment and threats of arrest pending the hearing and determination of the main application dated February 8, 2024," said Oduol.