Businessman Tony Gachoka wants Sh2m fine quashed

Tony Gachoka during a past press conference. FILE PHOTO |  NATION MEDIA GROUP

In Summary

• Tony Gachoka feels the fine was excessive.
• The magistrate “did not accord us fair trial”.

By NATION REPORTER
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Businessman Tony Gachoka is questioning the conduct of a magistrate who fined him and talk show host Jeff Koinange Sh2 million each in a contempt of court case.

Mr Gachoka, through lawyer Gitobu Imanyara, is uncomfortable with the manner in which principal magistrate Maisy Chesang handled the dispute between them and businessman Jimi Wanjigi, his brother Sani Mbui Wanjigi and their company Kwacha Group of Companies Limited.

Mr Gachoka feels the fine was excessive.

“She did not accord us fair trial, her conduct has brought disrepute to the judiciary and the administration of justice. Her decision was an abuse of the judicial process and a dangerous precedence likely to erode public trust in the judiciary,” said Mr Imanyara.

Mr Imanyara has filed a judicial review of the proceedings. He has also complained to the Judicial Service Commission about the conduct of Ms Chesang in the case which evolved from a simple dispute to an exorbitant fine and a six months jail sentence.

DANGEROUS PRECEDENT

In similar cases, Justice Isaac Lenaola found Cotu boss Francis Atwoli guilty of disobeying a court order and fined him Sh300,000. Justice David Onyancha also fined senior deputy solicitor-general Muthoni Kimani for contempt of court.

Mr Imanyara said the magistrate’s new record in raising the fine is a dangerous precedent that should be quashed.

He argued that Ms Chesang had no authority to handle the case and that the manner she conducted herself was suspect, “from the time she refused to give us audience to the time she refused to sit in an open court to the time she delivered her decision while locked in her chambers”.

“The magistrate proceeded on an illegality and pronounced judgement on a matter which she lacked jurisdiction. The end result was miscarriage of justice. There is no way you can condemn someone without giving them a chance to defend themselves,” said Imanyara.
“Citing the two for contempt was erroneously done since they were never served by a court order barring their discussion,” he added.

In April, Mr Wanjigi and Mr Mbui filed a contempt case against the two, Standard Group CEO Sam Shollei and the company secretary Carol Cheruiyot.