Musimba had accused the UN boss of failing to refund money that he had loaned KituyiĀ on June 19, 2013.
However, Kituyi dismissed that the money was a loan, arguingĀ that Musimba had deposited it to buy aĀ piece of land in Karen.
Wilfred Okwany, a high court judge, ruled that the bank transfer document showed that the money was meant to buy land. Nevertheless, there was no sale agreement that was produced asĀ evidence of a land transaction.
The court, therefore, found that the lack of sale agreement only meant that the money, which was in an escrow account, belonged to Musimba.
Kituyi had moved to the court of appeal seeking to stop the transfer of money until the case was heard and determined.
Justices Roselyn Nambuye, Hannah Okwengu and Jamila Mohamed ruled that Kituyi did notĀ demonstrate that Musimba would not repay the money if he lostĀ the appeal.
“Whilst it is not in dispute that the decree is a money decree, the applicant has not established, let alone made allegations, that the respondent would not be able to refund the amount in the event that the appeal succeeds.
“In other words, there is nothing to suggest the respondent is impecunious,” the judges ruled.
Kituyi is a former MP, who was elected to the Kenyan parliamnet in 1992, and was re-elected twice.
He was also Kenya’s Minister of Trade and Industry from 2002 to 2007.
Source: KENYAGIST.COM
