ALEXANDER Kimutai Kigen Kosgey is a son of Former Powerful cabinet minister Henry Kosgey. He is a Kenyan Member of Parliament representing Emgwen Constituency in Nandi County. He is a member of Jubilee Party.
He is also engaged in a vicious court tussle involving a sale agreement with Eric Kimathi Kirima, Justine Kendi Mungania, Jennifer M. Gitonga, Executive Super Rides Limited and Ale Auctioneers by extension, over the purchase, and supposedly non payment for the luxury MV registration number KCP 111P.
“The aforesaid agreement provides that I shall pay the defendant(Executive Super Rides Limited) a total sum of Ksh13,500,000, being the purchase price of the said MV…” the MP’s sworn affidavit reads.
Took possession of MV
The young legislator swears he paid in full the first deposit of Ksh4 million “upon which I took possession of the said Motor Vehicle.”
“I paid in full the 2nd deposit due(sic)… and the third which fell on April 1 2018 which was a Sunday. the next day was a public Holiday pf Easter Monday which necessitated me to notify the respondents by telephone that I will make the payments within the same week soon after the holidays,” the Mp says.Come April 5 2018, and the Mp claims the respondents declined to accept payments and demanded that ” I sign another document requiring me to make interest payments on the purchase price.”
He says he protested the demand because it had the effect of varying the provisions and in breach of the sale Agreement dated January 10 2018.
“On the same date, that’s April 5 2018, the defendants in the company of one Victor, a representative of Ale Auctioneers, trespassed into my residence located at Lavington, Mangeta Road and repossessed the said MV which as driven to unknown destination,” the younger Kosgey mourns.
He cries out that the auctioneers acted illegally!
The MP said he has learned from reliable sources that the MV is to be disposed off to third parties…at a higher price than that on the original sale agreement.
Who is fooling who?
He has demanded through his lawyer that the MV be returned in its original condition but the other parties have refused, not even picking his numerous phone calls.
So who is fooling who?
Let’s now turn to the other side of the story.Please read on.
“My advocate has informed me that the defendants declined to affix their stamp to acknowledge receipt of our demand letter…” the Mp cries out.
Jurisdiction of the court
He said he has suffered and continue to suffer considerable distress and embarrassment, loss and damages on account of the action of the defendants.
“I will suffer colossal financial loss if the defendants dispose of the said Motor vehicle which was imported from the United Kingdom without refunding the amount of money I paid…” he states.
He has so far paid Ksh4.5 million as part payment of the purchase price.
Kigen thinks the distress action is malicious and criminal but also in breach of the Sale Agreement as there was no Proclamation or Notification of Sale.
The other side have lodged a preliminary objection questioning the jurisdiction of the court at which the Mp seeks recourse.
A ruling will be made in a week.