A Vihiga chief officer was on Tuesday wheeled into court to avoid being in contempt in a case where the county has been sued for failing to pay a contractor.
Trade and industrialisation chief officer Gilbert Vidija appeared before Kisumu Hiigh Court judge Fred Ochieng on a stretcher.
The court had directed that he appears in person to explain why he had not complied with previous orders.
The appearance was scheduled for 8am but Vidija failed to show up. It had been reported that he was admitted to hospital.
He is the first respondent in a case filed by a contractor who is demanding Sh17 million for services to the county government.
Vidija last year committed to having the contractor paid by the county. That pledge has not been honoured.
The commitment was made in June last year before Justice Ochieng. The contractor was to paid in tranches between September 30, 2020 and March 2021.
Fearing arrest and being jailed for contempt, Vidija asked that he be taken to court on the stretcher. He appeared before the judge at 2pm. It was not clear to which hospital he had been admitted.
His lawyer Maobe Mukwana told the court that the chief officer had kept his word and initiated payment for the contractor, but the same was pending at the county treasury.
Maobe said her client was hypertensive and pleaded with the court to grant him time to heal and follow up on the payment before appearing again in court on March 24. The request was granted.
The lawyer said the delay in honouring the payment was not occasioned by her client. She said initiating the process was proof enough that he was complying with the court order.
Justice Ochieng said it was not in the interest of the court to meddle with county government payment procedures but that the commitment made by the chief officer must be honoured.
He said the court cannot attach county government property but will hold the chief officer, who is the accounting officer for the relevant department, accountable if the order to pay the contractor is not honoured.
Edited by P.O