The High Court is expected to hear a case in which a car dealer seeks to reinstate a warrant of arrest against Mombasa finance CEC over failure to pay a Sh68 million debt.
Justice Jairus Ngaah in 2024 issued a warrant of arrest against the Mombasa County Finance CEC Evans Oanda after the county failed to settle the debt.
Oanda was subsequently arrested and spent a night in police custody.
The court however ordered his release after the county undertook to settle the millions owed to the car dealer.
Justice Ngaah suspended the warrant against Oanda and any other accounting officer of the county but it was on condition that the debt be settled by a monthly installment of Sh5 million.
The first installment was to commence on September 30, 2024.
In default of any one installment, Judge Ngaah said the order suspending the warrant of arrest will be set aside and the accounting officer of the county shall be arrested and committed to civil jail for six months.
Two weeks ago when the case came up for a mention, it turned out that the payments were not honored.
Advocates Murage Gitahi told the court that there has been no compliance with Justice Ngaah's orders.
"No single coin came into my firm in October and December...allow our application so that these games can cease," he said.
Gitahi in his application sought to lift the suspension of warrants of arrest issued against the CEC and allow them to be committed to civil jail for noncompliance with orders of settlement.
But the advocate representing the county insisted that the payments have been made with the last payment being December 6.
He told Justice Aburili that he is yet to respond to the application by Gitahi saying there has been payment of instalments. He sought more time to respond by attaching evidence of payment.
"This request isn't unreasonable. Parties deserve the opportunity to be heard. I grant the respondents seven days to file and serve responses to applications dated November 4," said the Judge.
Amin, Kanja case
The court will give further directions in a case in which it suspended earlier orders requiring the Inspector General of Police, Douglas Kanja, and Director of Criminal Investigations (DCI) Mohamed Amin to personally appear in court today.
They had been ordered to attend court proceedings over the disappearances of Billy Munyiri Mwangi, a college student, Ronny Kiplangat (the brother of cartoonist Kibet Bull), content creator Bernard Kavuli, and Peter Muteti.