The Kakamega Small Claims Court (SCC) has ordered Mumias East MP Peter Salasya to appear before it on November 8 to defend himself against a claim of Sh500,000.
Resident Magistrate Gladys Kiama said in the spirit of dealing with small claim cases speedily, the case where a businessman is demanding a refund of the amount from the MP would be heard on the set date.
"Make sure you serve the responded (Salasya) with the papers in readiness for the hearing on November 8," she told lawyer Edwin Wafula on Monday afternoon. The lawyer is representing businessman Robert Malenya Lutta.
Mr Wafula said that an out-of-court settlement that the MP earlier indicated he wanted to engage in collapsed leaving him with no option but to go to court.
Lutta sued the MP last week alleging he innocently loaned Salasya the amount in the hope that he would refund it in two months but the lawmaker reportedly became elusive.
"Being a friend for so many years, I accepted to advance him the amount on December 13 last year," he said in his court papers.
He added: "On the material day, I proceeded to the Kenya Commercial Bank, Mumias branch, where I made a direct transfer of the Sh500,000 to the personal account of the MP who promised to refund the amount within a period of two months from the date of the transaction."
Mr Lutta now regrets that the MP has since failed, refused, neglected and ignored to refund the amount despite frequent reminders.
He asked the SCC to compel the MP to refund the money with interest and pay for the cost of the case.
Lutta has attached the bank transfer details which show the money changing the accounts from his to that of the the MP.
The businessman says he is ready to employ the Civil Procedure Act (Section 38) that allows the imprisonment of debt defaulters to commit the MP to civil jail should he be found guilty of defaulting.
rwaswani@standardmedia.co.ke
