A Kiambu court has handed former Kiambu Governor Ferdinand Waititu reprieve in a battle to keep luxury vehicles seized over Sh10 million loan.
Yesterday, the governor obtained orders restraining Mwananchi Credit Limited from selling his two vehicles to recover the debt.
The lender had threatened to auction the vehicles which Waititu had used as collateral to secure the said loan.
The vehicles are currently at Startruck Yard along Kiambu Road.
In a ruling delivered on Tuesday, Senior Resident Magistrate W. Rading ordered the vehicles be released to Waititu until his petition is heard and determined.
“Upon reading the notice of motion brought under the certificate of urgency, it is therefore ordered that a temporary injunction be and is hereby issued restraining the defendants or respondents, their servants, agents and/or any other persons from selling, disposing, detaining and/or advertising for sale of vehicles registration numbers KCP 200A and KBS 254V until the hearing and determination of this application,” the order reads.
The Magistrate directed Kiambu Police Station commander to enforce the order ahead of an inter partes hearing scheduled for April 20.
The former governor who was ousted in January 2020 after the senate upheld a decision by the Kiambu court assembly to impeach him, wants Mwananchi Credit Limited to give him more time to repay the loan.
According to documents filed at Kiambu Law Courts, Waititu got the loan two days before he was kicked out of office.
Waititu says he will suffer immeasurable loss if the firm sells the vehicles.
He has also told the court that he is unable to service the loan because he does not have a sustainable income and the little money that he has goes into his legal fees.
“That due to current financial constraints I am facing, I am unable to clear the said loan within the aforestated period but I hasten to add that with a lot of difficulties coupled with the fact that I am facing numerous cases before an anti-corruption court which has incurred me a lot of costs and expenses by hiring advocates. I have endeavoured to at least clear a sum of Sh1,280,000,” Waititu says in an affidavit.
He is also seeking more time to repay the loan whose actual balance, he argues, is in question.
“That I am not disputing owing the first defendant/respondent company claim, there is a dispute over the actual balance owing to the first defendant but I pray for a reasonable time within which to sell some of my properties and clear all the outstanding loan balance upon calculation of the same, and/or in alternative be allowed to settle the same by considerable instalments,” he adds.
The former county chief was charged with graft alongside his wife Susan Wangari in 2019 over alleged embezzlement of Sh588 million from county coffers.