High Court has summoned the Inspector General Joseph Boinnet to appear in court and explain why he has failed to arrest the Ministry of Defence PS Saitoti Torome for failing to compensate a family Sh17 million.
Justice Joseph Sergon gave the orders after the PS willfully disobeyed the court orders issued on 30th May 2016, compelling him to pay the money.
Torome was to be jailed yesterday for six months for the contempt of court but has failed to appear in court.
“I do not understand why the PS who is the accounting officer does not want to pay the applicant’s, he maybe enjoying some protection which is the reason why he does not appear in court”, the Judge said.
Torome was sentenced last month to six months civil jail term for the contempt.
Sergon gave the sentence after Torome failed to obey court orders directing him to pay Sh17,257,930 to a family who gave out their estate to the government in 2006.
“The respondents have failed to appear in court and mitigate why he has failed to honour court orders having been cited for civil jail for contempt earlier,” the judge said.
In the suit, Eunice Makori and Hellen Makone moved to court in 2009 to sue Torome to compensate them for the surrender of Johnson Onduko’s land in Mombasa town to the government.
Makori and Makone(mother and daughter) said being the administrator and personal representatives of the estate of Makori, the government failed to pay them Sh9.2 million, plus interest, in 2006, when the land was given to the government.
The two claim that in June 2015, a judgment was delivered and they were awarded money for compensation.
They said that the judgment and orders given by the judge were served on Torome, Boinnet and the then Attorney General, Amos Wako, and they acknowledged receipt.
The PS filed an affidavit in June saying he is the accounting officer in the ministry and does not owe the applicant any money.
He added that he is aware that any liability or expenditure incurred against the government can only be defrayed from moneys provided by Parliament.
Boinnet is expected in court on 13th December.
