Monda trial brings out differences within family unit

When the list of witnesses in the impeachment trial of Kisii Deputy Governor Dr Robert Monda was tabled in the Senate, little was known that family members would tear at each other in support of or against the impeachment.

Lawyers now contend that even though it is not legally wrong for a child and a father to testify against each other or siblings to testify against each other, the Kisii DG impeachment trial at the Senate brought to the fore issues affecting families.

Nairobi Senator Edwin Sifuna, who is also a lawyer, said it is not ideal for family disputes to spill into the public like happened with the Kisii DG impeachment.

“However, these are the times we live in. We have seen brother turn on brother and son on father. From a legal perspective its only spouses who cannot be compelled to testify against each other,” said Sifuna.
Balance of probability

Lawyer Paul Aol clarified that the Senate was only looking for balance of probability whose story is more sensible and one whose story is more believable.

“The testimony of a wife against the husband and a husband against the wife is not permissible because it is presumed that the two have shared so much in confidence and at times where they are more vulnerable to each other,” said Aol.

“In the case of a father and a son, it is legally permitted and there is nothing wrong where a father would testify against the son.”

On Wednesday last week, a key witness on behalf of the County Assembly Dennis Mokaya Misati took to the stand to testify against his biological father.

Dennis narrated to the Senators how his father, being a friend to the DG would help secure him a job as a Commercial Manager of Gusii Water and Sanitation Company (GWASCO).

At the time, Dennis was close to the father and would have been still close if he ever got the job. However, Dennis never got the job and his entire savings. He started a mission of getting back his money, a mission that led to the impeachment trial of his father’s long time friend the DG.

According to Dennis, he had sold a business he co-owned with his wife to the tune of Sh800,000 to raise funds to secure a job at GWASCO.

“The position was brought to my attention to me by my father who told me to go and apply. He told me to make an application and that he would follow it up with the DG,” Dennis told the Senators.

Ill motive

Breaking down in tears, Dennis said that he didn’t have any ill-motive or anything against his parents especially the father, Joseph Misati who had curiously turned against him.

“I do not have anything against my parents. We had built this business for 13 years. We lost everything. Initially my wife was not in agreement that we sell the business and relocate. This is my life. This was my lifetime savings. If my dad chooses friendship over the truth, then let it be so,” said Dennis breaking down to tears.

He went on: “I had to persuade my wife to agree with me. After we were disappointed, she branded me a liar. I had to start looking for a way of getting back the money.”

But when his time to testify came before the House the following day, Misati was categorical that his son Dennis never gave him any money to give to the DG to influence secure a Commercial job at GWASCO.
“The money was ours. Myself and the wife. Dennis was not part of the money. It is not true that he gave me any money. He did not give me any money to give to the DG. This money was a refund not a bribe,” Misati told the Senators.

Asked whether he had issues with his son Dennis, Misati reminded the lawmakers that he loves all his sons including Dennis and extended an olive branch to Dennis to come home with his wife.

“I am really very sad because this is my son. I am the one who paid school fees for his daughter at Nyabururu Girls. Only after paying schools fees, my son disappeared from my home. I love him and wants him to come back with his wife. I would be very happy to have my son,” said a confident Misati.

Later on the first day of the impeachment trial that ran till late into the night, Reuben Monda a biological brother to the impeached DG took to the witness stand and painted his brother as person who abused his office.

This is after he alleged that the DG had used his position and sent police officers to arrest him after cutting down tree in their compound.

“The owner of the trees is our father because he is the holder of the title deed. I am the one who planted the trees,” said Reuben.

Asked if he ever went back to his brother to find out why he had him arrested, Reuben said that he was sick.

“I did not go to my brother. I talked to my area MCA by the name Steve Arika. I asked me what can I do. I have been forgiving my brother. He is the one who told me that there is something like a motion for the removal. He is the one who connected me to the mover of the motion,” said Reuben.

He went on: “I have come here to show that my brother is misusing his power he is misusing his office. As for the trees, I will move to court. My brother when he was an MP, he didn’t have much problems with us. He started being rough to us even to our father when he became the DG. I shouldered all the medical bills. He has never even apologized to me or even say sorry.”

The Kisii County Assembly said the deputy governor solicited a bribe of Sh800,000 from a resident to help him secure a job for his son.

“By virtue of the deputy governor requesting and receiving a bribe of Sh800,00 he is in breach of the provisions of Article 232 which obligates public officers to observe the values and principles of public service, “ the charges read.

The MCAs said in the charges that Monda used his office to intimidate and cow his family into hiding fearing for their lives in contravention of section 34 of the Integrity Act, 2012.

They said Monda had continuously diverted county enforcement officers from their course of duty to work in his firm.

The DG was impeached by MCAs on February 29, after 53 members voted in favour of the ouster motion.