Landlady asks court to declare MP Barasa bankrupt over debt

Kimilili Member of Parliament Didmus Barasa has been sued over alleged failure to pay a Sh2.8 million debt.

Lucy Njeri Kajuju, a landlady, wants the High Court to declare him bankrupt.

“The said debtor is unjustly and truly indebted to me in an aggregate sum of Sh2.8 million and continues to accrue interest at 14 per cent per annum until the payment in full. The amount owed by the debtor is within the prescribed bankruptcy level in accordance with the Insolvency Act Cap 153 laws of Kenya and rules,” reads Njeri’s court papers filed before Justice Alfred Mabeya.

Njeri told the court that she had served Barasa with a demand requiring him to foot the debt within 21 days. However, the court heard that the MP had not honoured the debt.

She stated that 21 days have elapsed since she duly served the statutory demand upon the debtor, and neither has the MP complied with the demand nor sought to set it aside.

The money at the heart of the case stems from a case filed before the magistrate’s court against the lawmaker.

According to her, the lower court ordered Barasa to pay Sh1.9 million on May 24, 2019.  The amount then attracted a Sh818,134 interest. There is also Sh11,760 and Sh1,500 added as costs and collection fees incurred while pursuing the amount.

Njeri alleges that the MP issued her with a dishonoured cheque.

“The said debt continues to accrue interest and I am verily concerned that unless this honourable court intervenes, the debtor will never settle his debt. The debtor has issued me a dishonoured cheque over the amounts owed and has, despite exhaustive efforts to recover the amounts due, failed, refused and or been unable to settle,” she claimed.

Njeri also claimed that in January this year, the MP bought a helicopter worth Sh120 million. She asked the court to consider the expensive machine when deciding whether a trustee should be appointed to manage Barasa’s wealth.

“In the circumstances, it is just and equitable that a trustee in bankruptcy to be appointed over the estate of the debtor,” argued Njeri.

Njeri attached a letter addressed to Barasa by her lawyers Musyoka Murambi and Associates on January 7, 2019. In the letter, it is alleged that the MP issued a cheque number 000005 dated December 23, 2018 for rent for the month of December 2018. The letter reads that it was meant for a house he rented at Miotoni Heights, in Miotoni, Karen.

The MP is yet to respond to the case. The case will be mentioned before Justice Alfred Mabeya on September 25, 2024.