A court in Nairobi has issued a warrant of arrest against Mombasa Finance executive Maryam Mbaruk for failure to honour a summons.
Justice John Mativo on Wednesday ordered Mbaruk locked up in civil jail for six months.
“You are further ordered to return this warrant with an endorsement, certifying the date and the manner in which it has been executed or reasons as to why it has not been executed,” he told police.
Mbaruk had been ordered to appear in court to show cause why she should not be committed to civil jail for failing to pay Sh37 million owed to a car dealer.
The order to pay the car dealer was issued last month by Justice David Majanja. She was ordered to attend court in person.
The application for contempt of court was filed by Murage Juma and Company Advocates.
In the case, Associated Automobiles Distributors Limited sued the defunct Municipal Council of Mombasa for failing to pay for five vehicles sold to them almost two decades ago.
The company said it sold and delivered the vehicles as per the council’s request and order in the 1998-99 financial year. It also supplied spare parts and rendered services.
The company is demanding a balance of Sh13,541,815. The council was replaced by the Mombasa county government when devolution took effect in March 2013.
The court directed the money be paid from 2004, with an interest of 12 per cent per annum.
Speaking to the Star on the phone yesterday, Mombasa communications director Richard Chacha said Mbaruk will present herself before the High Court in Nairobi.
“She did not deliberately skip the summons by Justice David Majanja. We, as the county, obey the courts and its authority,” Chacha said.
He did not explain why Mbaruk failed to appear in court.
“I cannot comment further because the matter is in court,” Chacha said.
He blamed the Transition Authority for failing to ensure a smooth switch from the defunct councils. Chacha said the counties are taking liabilities of the defunct councils.
“If the authority had cleared all debts from defunct [councils], we would not have such troubles,” he said.