A politicsl strategist Fred Ogola has moved to court seeking to be paid Sh448,000 from a politician whom he claims refused to pay him the money after an oral agreement.
In an application filed at Milimani small claims court, Ogola claims that on or about September 2 he and politician Kennedy Ondiek entered into an oral agreement and understanding by which he lent him a sum of Sh320,000.
Ogola is a director of Linda Jamii organization while Ondiek is the south Nyanza UDA coordinator and former Kibiri ward MCA.
He wants Ondiek to pay him due amount of Sh320,000 plus interest of 40 percent of Sh128,000 totalled to Sh448,000.
By the terms of the said agreement, Ogola states in coury documents that the money lent to Ondiek was to be refunded back on or before close of business on September 7, 2023.
It was a further term of the said agreement that the said sum of money was to be refunded back with a 40percent interest on the principal sum borrowed;
“Up to and until now, the Respondent has not made even the faintest of efforts to refund the monies he advanced to him under the oral agreement and understanding he had with the Claimant”, the court documents read.
He accuses Ondiek of failing and/or willfully ignoring/neglecting without a lawful excuse to refund the sum of Kshs. 320,000.00 advanced to him; and with interest.
Ogola avers that the said amount of money advanced to the Respondent together with the agreed upon interests thereon remains due, owing and payable and continue to attract interest.
He avers further that as a result of the Respondent’s breach of the oral agreement and understanding they had on the 2nd day of September, 2023, he has suffered losses, which are special in nature.
“Vide a Demand Letter dated 29th day of September, 2023, my advocates on record in this matter wrote to the Respondent to demand from him the monies that I advanced to him together with the accrued interest thereon”, Ogola states in court papers.
He adds that Ondiek subsequently engaged an advocate to respond to the demand letter sent to him on the 29th day of September, 2023 and admitted to being indebted to me vide a letter dated 7th October, 2023 wherein the Respondent through his advocate admitted to being indebted to me.
As a result of the Defendants acts and omissions, I have been exposed to misery and untold suffering, he says.
The case will be heard on November 30 before Milimani small claims court.