Former Gem Constituency Member of Parliament Jakoyo Midiwo is now pleading with a Kisumu court to allow him settle Sh1.7 million election fine in installments.
The former vocal National Assembly Deputy Minority leader, owes the amount to the sitting Gem legislator Elisha Odhiambo who floored him after filing an election petition following the 2017 General Election.
He was expected to clear the fine 30 days from February 13, 2019, when Odhiambo filed his bill of costs.
He is said to have paid Sh500,000 and on March 14 moved to court requesting to pay the rest of the remaining amount owed to Odhiambo in Sh50,000 installments.
The case was certified as urgent and the hearings began on Tuesday.
“The applicant [Midiwo] is unable to pay the taxed sum at once and yet the 30 days stay of execution is to lapse on March 13, 2019,” Midiwo states in court papers.
Midiwo argues that he receives a taxable pension of Sh125,000. Further, stating that the amount is the sole source of his family’s livelihood.
“I’m a pensioner receiving Sh125,000 monthly before tax and my family depends on the same pension for upkeep as it is our main source of livelihood,” the former legislator states in a supporting affidavit.
“I make this affidavit in support for leave to liquidate the costs by monthly installments.”
Local media reports indicate that Odhiambo, recently instructed Nyaluoyo auctioneers to urgently attach Midiwo’s property for failure to settle the outstanding balance of Sh 1,216,820.
“Kindly and urgently proceed with the execution of the warrants of attachment and sale in respect of Sh1,216,820 being our costs as taxed against the petitioner herein,” Odhiambo instructed the auctioneer in a letter by his lawyer, Oruenjo Kibet and Khalid Advocates.
Midiwo is also paying Sh1.7 million to IEBC and Gem constituency Returning Officer after he lost the petition last year.