Kahawa Tungu
Mombasa county executive in charge of finance Maryam Mbaruk faces arrest over a contempt of court for disobeying/ignoring a court order.
High court judge Erick Ogola issued a warrant of arrest for Maryam and county chief officer of finance Aisha Abdi last year in case they failed to pay Robinson Onyango Malombo Sh18.5 million for rendering legal services.
Justice Ogola said the county government was adjudged by a decree of the court on the judiciary review suit dated January 31 this year.
He directed the county government to pay Malombo through his law firm Robinson and Company Advocate the sum of Sh18,503,699 within 60 days. The period lapsed, but the money is yet to be paid.
“In default a warrant of arrest has been issued after the expiry of the 60 days to settle the amount,” he pointed out.
Justice Ogola said in his order of arrest that unless the county government pays the counsel the said amount of money as noted to bring the debtor before the court with convenient speed.
Judge Ogola directed the Regional Police Commander, coast region, Marcus Ochola to return the warrant with an endorsement certifying the day it has been executed or the reason why it has not been executed.
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During the consent between the counsel and county government the secretary of the office of county attorney and county treasury were to immediately write to the inter-governmental relations committee confirming commitment that the county government is going to pay the law firm the outstanding amount.
Upon entering the consent as an order of the court Malombo would not pursue execution of warrant against Maryam or Aisha Abdi from the date hereof.
In default of the above the warrants of arrest are to be issued against those mentioned in the notice of motion dated December 6, 2018.
Through the notice of motion the county officials were to be held in contempt of court in respect of the court order issued last year.
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