The Lingering Shadows: Allowances from 22 Years Ago Haunt ODM Elections Chair
Senator Catherine Mumma, nominated by the ODM. Was unsuccessful in her attempt to overturn a magistrate court’s decision to seal her defense statement in a recovery case pitting her against the anti-corruption watchdog over alleged unjust allowances earned 22 years ago.
In a case involving the recovery of Sh903,000 by the Ethics and Anti-Corruption Commission (EACC). The senator wanted the High Court to overturn a ruling. In which a magistrate prevented her from filing a witness statement.
In 2005, the commission filed a lawsuit against Ms. Mumma. Alleging that she was overpaid allowances while serving on the National Aids Control Council task force in 2001. Ms. Mumma was a practicing attorney at the time.
In a lawsuit filed at the Milimani Commercial Courts. By the defunct Kenya Anti-Corruption Commission. It was alleged that in 2001, Ms. Mumma was among those tasked with developing HIV/AIDS prevention. And control policies and guidelines.
According to the anti-corruption commission, Ms. Mumma was entitled to Sh357,000 from the Directorate of Personnel Management (DPM), but she allegedly received an additional Sh903,000 in violation of the DPM’s directive.
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However, Ms. Mumma denied the allegations and argued that DPM authorized the payment. The trial court granted Ms. Mumma time to file her witness statement following the initiation of the case, but she failed to do so.
Later, she attempted to have her late defense statement admitted in court, but on February 15, 2015, the trial magistrate denied her request for being late.
On September 15, 2020, the court issued instructions refusing to vacate the orders that prohibited Ms. Mumma’s witness statement.
Ms. Mumma, dissatisfied with the decision, filed an appeal with the High Court, arguing that the magistrate violated her right to a fair hearing and subjected her to injustice.
She also asserted that the magistrate erred in concluding that EACC would be harmed by the filing of the statement after the conclusion of its case, and in ignoring the commission’s right to recall any witness to address any issues raised by the statement.
She stated, “The trial magistrate erred in law by failing to properly evaluate the witness statement and establish its relevance to the suit and the appellant’s existing defense.”
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However, Justice Asenath Ongeri dismissed the appeal, citing Ms. Mumma’s excessive delay in seeking to review and overturn the magistrate’s orders. “On December 11, 2014, the trial court granted Ms. Mumma an extension of time, but she did not file a response until May 15, 2018, when the trial court refused to grant an extension. “Equity does not assist the slothful, but it does assist the vigilant,” stated Justice Ongeri.
The judge also determined that by the time Ms. Mumma sought to vacate and review the trial court’s orders, EACC had testified and closed its case.
“Ms. Mumma did not attempt to vacate the magistrate’s order before the conclusion of the EACC case. I concur with the trial court’s conclusion that EACC could not cross-examine her regarding the issues raised in the statements. “Reversing the decision would be unjust to the Commission,” the judge ruled.
She also determined that Ms. Mumma’s appeal was improperly filed with the High Court because she did not seek permission to do so.
“Nothing in the record indicates that she sought permission to appeal the decision rendered on September 15, 2020. “The evidence indicates that she was not present when the ruling was rendered,” the judge stated.
“I, therefore, conclude that the appeal lacks merit and dismiss it with costs to the EACC,” said Justice Ongeri. The judge ordered the file to be returned to the trial court so the hearing could continue.
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The commission, for its part, opposed the appeal. And stated that Ms. Mumma’s five-year delay constituted laches for which the court of equity has no jurisdiction.
“I, therefore, conclude that the appeal lacks merit and dismiss it with costs to the EACC,” said Justice Ongeri.
The judge ordered the file to be returned to the trial court so the hearing could continue. The commission, for its part, opposed the appeal. And stated that Ms. Mumma’s five-year delay constituted laches for which the court of equity has no jurisdiction.
“It is evident that Ms. Mumma waived her right to submit any witness statements or documents by her conduct. She was guilty of excessive delay in applying, and in the interest of justice, cases should be resolved without undue delay,’ the EACC stated.
It added that Ms. Mumma’s alleged long absence from Kenya. Could not account for her failure to comply with pre-trial orders because she was not permanently absent from Kenya.
The Lingering Shadows: Allowances from 22 Years Ago Haunt ODM Elections Chair
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