Sam Kiplagat
5 November 2009
Nairobi — A judge has dismissed an application by an MP seeking to bar the media from covering a Sh12 million debt case.
Justice Muga Apondi dismissed the application by Igembe South MP Mithika Linturi saying journalists were free to cover the case.
Mr Linturi, who is also the chairman of the Public Investments Committee, complained that reports published in a section of the media, during an earlier hearing, made him appear as a person weighed down by debts.
He pleaded with the judge, through his lawyer, saying the media should be barred until the case has been determined.
Justice Apondi, however, dismissed the application saying he was reluctant to bar the media from covering the case.
In the case, Touchstone Developers has sued the MP for reneging to pay him the debt after he was advanced a loan in 2007.
From the papers in court, Mr Linturi allegedly entered into an agreement with Touchstone and received Sh6 million on November 29, 2007.
Touchstone says that the terms of agreement were that it would charge 10 per cent interest on the principal sum, in the event of default, and late payment.
And in consideration of the repayment, Mr Linturi, allegedly issued 21 postdated cheques for Sh250,000 each drawn through the MP's insurance brokerage firm, Arkchoice to secure the loan.
The cheques were returned unpaid upon presentation at Southern Credit Banking Corporation.
Touchstone claims Mr Linturi unilaterally closed the bank account making it difficulty for the company to re-bank the bounced cheques.
And owing to interests, the outstanding amount stood at Sh12,646,400 on November 1, 2008.
Touchstone is now claiming Sh12 million from Mr Linturi together with interest at commercial rates from November 1, 2008.
The MP has, however, disowned the alleged agreement and denies owing Touchstone any money.
The hearing was adjourned to November 24.
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