Kisumu — Kisumu County now wants the court to review a contempt conviction against its two top Treasury officials citing a looming crisis that could paralyse its operations.
The county made the appeal while appearing before Justice Rashid Mwanaisha on Monday whene defense lawyers sougt to have a five-month jail sentense on Chief Finanace Officer Martin Okede.
The lawyers argued that Okede's jailing and the impending conviction of County Executive Member for Finance George Okong'o on a similar offense will stall the County Treasury.
Okede is serving his term at Kodiaga Maximum Prison following sentensing. The court also fined him Sh200,000.
Okong'o, temporarily jailed in April 2023 over contempt, was to appear alongside the CFO but skipped the court session.
The court cited the two for contempt over failure by the county to pay Majok Construction Company a pending bill amounting to Sh16 million.
Okong'o's counsel told the court that already the county had entered into an agreement with the respondent on how to pay the amount.
Already, he said, the county has paid a total of Sh8 million and agreed on how to settle the remaining amount.
"I am appealing to the court to suspend the conviction of Mr Okong'o bearing in mind the progress we have made with the respondent," Okong'o's advocate said.
Fiscal constraints
He told the court that his client did not disobey the court orders but was attending to another court case in Nairobi, thus the failure to appear for sentencing.
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"Accept the explanation and excuse the non-attendance, it was not out of disrespect of the court," the advocate told Justice Mwanaisha.
Okong'o's advocate asked the court to review Okode's conviction.
The county argued that being responsible for preparation of vouchers and other documents to allow for the release of funds, Okode's release is key for the running of the county.
"Salaries will not be paid on time and no government project will run if the two officials are jailed," the defense said.
"It is again my plea to have the CFO released since arrangements have been made to clear the debt," the advocate pleaded.
Robert Maua, the lawyer representing the respondent, asked the court to defer the conviction ruling until November 11 since the county pledged to wire an agreed amount by November 8.
The county explained that the non-payment of pending bills was not of its making but a situation triggered by factors beyond its control including delayed disbursements of funds by the National Treasury and dwindling own-source revenues.
Justice Mwanaisha will render a ruling on the matter on Tuesday.
