PS Belio risks jail term over Ksh83M debt
By Nancy.Gitonga, December 8, 2022
Education Principal Secretary (PS) Belio Kipsang risks being committed to six months in jail on January 24 if an outstanding claim of Ksh83 million owed to a construction firm is not settled.
Kipsang, who was found guilty of contempt of court over the payment on Thursday, December 8 escaped the civil jail by a whisker after he was given 30 days by Justice Jairus Ngaah to finalize the payout to a construction firm known as NK Brothers Limited.
The PS was convicted of disobeying orders requiring payment of Ksh 83 million to the construction firm.
The Ministry of Regional Development had been compelled to pay the firm the money nine years ago but the government has never paid the money to date.
The court had summoned PS Kipsang to explain why he should not be jailed over failure by the Ministry to pay the funds
“I wonder how much time the PS would need to pay the amount if no cent had been paid in the last nine years. I’m not satisfied why the amount has not been fully settled. The only alternative court is left with is to commit him to jail,” Justice Ngaah stated
The judge continued: “But I will not do so for now. I Will hold my horses because you have said you are no longer in ministry and you’ll need time to consult your successor.”
Following the request to be allowed a month to consult and make the payment, Justice Ngaah directed the PS to make a firm commitment on when the outstanding sum shall be paid, failure to which Kipsang will be committed to jail for six months.
The Judge ordered the funds must be made within 30 days of today’s date and the case be mentioned on January 24, 2023 to confirm if the PS has complied with the court order or if he is sent to jail immediately.
“If no commitment will have been made, the PS will automatically be committed to civil jail,” said the judge.
The Ksh83 million arose from a disputed contract entered between the then ministry of regional development and NK brothers limited for the construction of the Lake Basin Development Authority headquarters complex and housing in Kisumu. The contract was entered into on October 22, 1990.