High Court Judge John Chigiti has ordered IG Japhet Koome to appear in court on October 25 to explain why he hasn't arrested Defence Ministry PS over failure to pay Sh52 million to former army officials.
The Judge said Koome should appear in person to explain why he is yet to arrest Mariru despite Warrants being issued.
Warrants of arrest were issued in June 2022.
But the ex-army officials through their Lawyer Caleb Jaoko claimed the warrant was not executed.
Jaoko told the court that the PS is the accounting officer in the Ministry of Defence hence his responsibility as the office bearer in that capacity.
In the case, Justice Isaac Lenaola had in 2016 awarded the monies to the officers for the torture they underwent after the failed 1982 attempted coup.
He ordered that each of the petitioners receive Sh5 million after they were detained for eight months from August 1982 to March 1983.
The officers are nine in total.
During the hearing of their cases, the officers narrated to the court how they were moved into custody in military trucks in full view of the public.