High court has ordered the Inspector General of Police Joseph Boinnet to execute the warrant of arrest issued against Defense PS Torome Saitoti by 18th December.
Boinnet failed to appear in court today after being summoned by judge Joseph Sergon to explain why he failed to arrest Torome after the order was issued.
Boinnet told court that he failed to execute the order for warrant of arrest against Torome because he was informed that there was an application for stay of that order.
Through his lawyer, the IG added that they have also filed a notice of appeal on 29th November.
However the applicant’s Mombasa based lawyer Lucy Momanyi told the court that she was not aware of any application for stay of the order.
“When my learned told me about the application, I personally went to the Court of Appeal to confirm but there was no such thing,” Momanyi told court.
She added that if there was indeed a stay for the warrant of arrest, then it would be understandable why the IG was not in court.
In the suit, Eunice Makori and Hellen Makone moved to court in 2009 to sue Torome for failing to compensate them for the surrender of Johnson Onduko’s land in Mombasa to the government.
Momanyi told told Justice Joseph Sergon that the orders should be obeyed since the judgement of the matter in favour of the applicants has never been appealed against by the respondents.
“Nothing has been shown to this court through a letter that the PS has sought authority and that no money should be expected. Neither has treasury declined to give them the money nor told them that there are no funds,” the lawyer added.
According to Momanyi, the Ministry of Defense is hiding something since no sufficient reason has been as to why the IG had not executed the order.
“The IG should appear before the court to explain why he is disobeying this court’s orders,” she added.
The judge did not find the reasons laid by Boinnet as satisfactory and therefore ordered he executes the warrant.
“Failure to execute the arrest, the court will make appropriate orders to address on the same”, the judge said.
On Monday the court had summoned the Inspector General to appear and explain why he had not arrested the PS for failing to pay Makori and Makone (mother and daughter) Sh17 million.
Torome was to be jailed on Monday for the contempt of court. However, he did not appear in court.
Last month, the same court sentenced the PS to six months civil jail for contempt and issued with another warrant on November 30 through the office of the IG.
Mrs Makori argues that they are the administrator and personal representative of the estate of her late husband and the government failed to pay them Sh9.2 million, plus interest, in 2006.