High Court has suspended arrest warrants issued against four Nairobi County Government staff over alleged payment of Sh 35 million debt to Iris Properties Limited.
The warrants issued against acting county Secretary Simon Morintat Leboo, County executive member finance Pauline Kahiga, finance officer Halkano Waqo and treasurer Johnson Akongo were suspended by Justice John Mativo.
“Pending the hearing and determination of this case, there be a temporary stay on execution of the warrants of arrest issued herein against the applicants and the warrants of 5th December 2017 and/or any other warrant whatsoever,” ruled Justice Mativo.
The judge issued the order in condition that the four shall each deposit Sh 50,000 in court within seven days.
The four together with Nairobi County government moved to court under certificate of urgency seeking to block the execution of the warrants issued against them and their families in their personal capacity notwithstanding that they have no control over liquidity or financial control of the Nairobi County government.
“The applicant is not in control of budgetary or resource allocation of the Nairobi County Government,” said the county government employees.
Last week 50 uninformed police officer invaded the Nairobi county offices to arrest the said county staff but were unsuccessful due to Governor Mike Sonko’s intervention.
“Iris Properties Limited while using police force cannot be within the law to invade the the county staff spouses, homes and children in a bid to collect debt or execute on a debt unpaid. The transactions of Nairobi County government have nothing to do with the county officials families, properties or homes,” argues the applicants.
The county government has questioned why a debt of Sh 35 million attracts such high handedness on part of police when it emerged that esoterically, Iris Properties have been paid Sh 297,083,794.00 million.
Nairobi county has already filed a complaint with director of criminal investigation which is under investigation.
According to court documents, the director of Proland limited Fredrick Mungai alleged judgement creditor accompanied by a contingent of male police officers without any justification invaded the private homes of acting county Secretary Leboo, attacked his family and picked them for questioning and also arrested others.
All these allegedly happened on 26th and Monday 28th this month, on all occasions at 3 am.
Leboo’s daughter, a four year law students at University of Nairobi was arrested and whisked away without company of any relative where she was molested, detained and later released without any charges.