Lawyer Cecil Miller denies delaying process in MPs property dispute case

CM

One of the women fighting for the control of former Moyale MP Guracha Galgalo’s estate yesterday accused her rival of attempting to forestall the hearing of the dispute.

Ms Bernadette Okotu Shama, through her lawyer, Mr Alfred Nyandieka, told a court that a move by Ms Rehema Dida Jaldesa to have the hearing of the case adjourned to allow her file additional affidavits, was a delaying tactic.

“There is a lot of delaying tactics by the applicant (Ms Jaldesa),” Mr Nyandieka told the trial judge, Lady Justice Kalpana Rawal in Nairobi.

The lawyer was responding to an application by Ms Jaldesa’s lawyer, Mr Cecil Miller, to be allowed to file the additional affidavits.

Mr Nyandieka wondered why Ms Jaldesa had not complied with a court order of January 30, requiring her to file the affidavits within three days.

He, however, told the court he was not objecting to the additional documents being filed as long as Mr Miller did that within three days.

Mr Miller wanted to file the additional documents so that he could bring out crucial facts to the case, which, he said, were left out in the initial application.

Ms Jaldesa has moved to court to challenge a temporary authority granted to Ms Shama to run the estate of the deceased.

Mr Miller added that the truth of the matter may not be established adequately if they were not allowed to bring up the additional issues.

One of the issues, Mr Miller said, was Ms Jaldesa’s alleged earlier marriage to another man.

The court allowed Mr Miller to file the affidavits and serve them on Mr Nyandieka by Monday next week.

The case was scheduled for hearing next Wednesday.

Dr Galgalo died on April 10, last year in a plane crash at Marsabit, along sidefive other MPs and other people during a peace meeting.




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