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Court issues warrant of arrest against Treasury PS Muia

Failed to appear in court over case involving reopening of Equity Bank account.

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by faith nyasuguta

News17 December 2019 - 16:31
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In Summary


• The welfare thus sought a temporary mandatory injunction compelling Equity Bank to grant the society unlimited access to their bank account.

Julius Muia./COURTESY

Inspector General Hillary Mutyambai been ordered by the High Court to arrest  Treasury PSJulius Muia after failing to appear in court on Tuesday to give evidence in a commercial case.

Justice David Majanja issued the warrant of arrest against the PS after he failed to honour summons to give evidence in a suit relating to the reopening of accounts of the Child Welfare Society of Kenya held at Equity Bank Kilimani Supreme Branch.

"Warrant of arrest issued against PS Treasury for failure to attend court. The warrant of arrest to be executed by the Inspector General Kenya police service to be availed in court December 18, 2019," Majanja ordered.

On December 9, the court summoned the PS to appear in court on December 17.

The court also declined to reopen the bank accounts of the Child Welfare Society of Kenya.

The court had also frozen the Child Welfare Society of Kenya bank account held at Kenya Commercial Bank.

Activist Okiya Omtatah had filed an application over the running of the society's accounts. 

He protested against the decision to change signatories to the existing accounts of the CWSK, open new accounts and introduce agents.

In a suit where the society sued Equity Bank limited, it accuses the bank of not giving them an opportunity to be heard or make representations prior to the freezing of the accounts in question.

It further claims to have not been given any reasons for the decision to freeze their bank accounts.

“Despite closing the plaintiff’s (Child welfare) bank accounts without prior notice nor affording the plaintiff and the Board of Trustees an opportunity to be heard, Equity Bank has not furnished the Child Welfare Society with reasons for the decision,” court papers read.

 

The welfare says that the arbitrary and unilateral decision to freeze their bank accounts is unlawful, inhumane and has brought untold suffering to thousands of children under its care and protection and therefore not in their best interest.

The welfare thus sought a temporary mandatory injunction compelling Equity Bank to grant the society unlimited access to their bank accounts pending the hearing and determination of the suit.

In the application, they blamed the bank for making it unable to pay its employees in their hundreds for the month of October 2019.

“The society's monies held in in the accounts in question constitute a debt that must be paid on demand on accounts of the bank-customer relationship between the Welfare and the bank,” they said.

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