Four Nairobi Country Senior officials have been ordered by the high court to pay a 90 years old widow of Sh 12 Million or face Jail term.
“I order that when the matter will be mentioned again on May 31,2021,I want to be informed that at least half the amount has been paid,”ruled judge Joseph Sergon.
The four officials are County Chief finance officer Hallake Wako, County Executive Committee Member -Finance Allan Esabwa Kambi,County Attorney Lydia Kwamboka and officer Jairus Musumba were at the same time warned that failure to comply with court orders they risk being committed to civil jail.
The matter came up for Notice to Show Cause why they should not be committed to civil jail.The property is situated at Kariobangi South Nairobi,County.
They wanted to raise arguments related to the validity of the warrants but the court was adamant that all that is required is a proposal on how they intend to clear the debt.
They were told they will continue enjoying their freedom upto 31/5/2021 when they are expected to have come up with a written and workable way of settling the debt.
On April 29,2021 the four who appeared at Milimani Law Courts under warrant of arrest,were granted a bond of Sh 100,000 each to secure their freedom pending the mention of the matter.
They were granted bond because Judge Sergon who is handling the matter was absent and was being vetted for the position of supreme court Judge.
The bond was granted by another Judge.Sergon ruled that the warrants were executed successfully.
The order to pay the woman was issued in 2018 after a successful petition by widow Phanice Ondeche Asitiba and Patrick Atenya Asitiba.
Judge Sergon had ordered City County of Nairobi to pay the woman Sh 12,000,000in fulfillment of the court order that had been issued in high court civil number 1115 of 2003 but the county had allegedly declined to obey that order.
“The order of Mandamus be and is hereby issued compelling City County to pay the old lady according to the high court orders,”added Sergon while issuing the orders on December 17,2018.
The woman is being represented by her lawyer Wangira Okoba.
Through lawyer Okoba,the old woman had argued that her rights were infringed by the County when it auctioned her property through its agents and sold it without compensating her for damages.
“My client was seeking compensation for general damages calculated on the basis of the lost rent from September 1993 to dates,”added
Okoba. Sergon when the matter came to conclusion declared that the sale by public auction of L.R . No.12062/316(V7035)by the county through its agents is declared unlawful.
He ordered the county to pay the woman the money for the land that was sold to innocent third parties.
Lawyer Okoba submitted that the County has refused to pay the sum despite several reminders.
He said that Phanice is an elderly woman of over 90 years and has no person to rely on and needs money for medication which she cannot get until her money is paid.
“The county servants have become elusive and have totally refused to heed to court’s orders to settle the decreatal sum,”added Okoba
He further directed them to return back to court on May 31 to confirm whether they have paid the money as earlier ordered.