The high court will determine whether the judgment declaring Former Lugari MP Cyrus Jirongo bankrupt will be set aside on Monday 23rd.
Jirongo who is now unable to vie in the 26th October fresh presidential elections claims that he was a victim of judicial proceedings which should be adjudicated in a fair manner to ensure his constitutional rights are not violated.
Through lawyer Kenneth Kiplagat, the former MP claimed that he did not participate in the civil suit whose judgment declared him bankrupt for failure to service loans amounting to Sh. 700 million.
The politician said President Uhuru Kenyatta and Deputy President William Ruto participated in the 2013 General Election despite their indictment for serious crimes against humanity at the International Criminal Court in The Hague. Under Kenyan law, any person adjudged bankrupt cannot vie for public office.
Jirongo accused Senior counsel Ambrose Rachier for whom he has been a client many times of coordinating his downfall by turning a blind eye when businessman Sammy arap Kogo lodged the civil case that led to his declaration of insolvency.
However, Rachier and his partner Francis Olalo denied any involvement in the suit lodged by eight companies associated with Kogo whom Jirongo had signed an agreement for repaying debts on 12th September 2013.
Rachier who volunteered to put on the stand told Justice Olga Sewe that the allegations by Jirongo that the signature in the agreement was not his were false since he witnessed him sign it.
Justice Sewe proclaimed the bankruptcy notice on Jirongo last week and directed that an official receiver to be appointed to manage his estate and repay the debts.
The bankruptcy application against Mr Jirongo had been filed by the companies, which include Masole Ltd, Baia Enterprises Ltd, Gilera Ltd, Koti Developers, Saman Developers Ltd, Kenete Enterprises Ltd, Marimio Enterprises Ltd and Linsala Enterprises Ltd.
Mr. Jirongo had secured Sh700 million loan from the National Bank of Kenya using properties registered under the name of the said companies and his failure to repay saw the properties sold by NBK though public Auction.
The politician has also been sued by Central Organisation of Trade Unions Secretary General Francis Atwoli for allegedly failing to repay a Sh110 million debt.
