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High Court vows stiff penalty for county officials taking orders lightly

Finance executive failed to explain why county has not settled a debt

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by benson nyagesiba

Health05 April 2019 - 10:47
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In Summary


• Sh213,000 debt owed to a matatu organisation by the defunct Kisii Municipal Council has increased to Sh489,000

High Court Judge Justice David Majanja.

A High Court judge on Wednesday warned county government officials against taking orders issued to them "as flowers".

Justice David Majanja at the High Court in Kisii warned of stiffer penalties for those who ignore court orders.

“I am not going to allow a situation where officers take court orders like flowers,” he said.

 

Majanja’s remarks came after Kisii Finance executive Moses Onderi failed to tell the court why the county has not settled a debt it owes Five Star Services, a matatu organisation.

The group, through its officials Peter Nyamosi, Kennedy Moindi and David Nyamweya, filed a case in the Chief Magistrate's court in 2009 seeking payment of a Sh213,000 debt from the now-defunct Kisii Municipal Council.

The money has increased to Sh489, 000.

The defunct municipal council ignored the Chief Magistrate’s court ruling. The group moved to the High Court in 2015 and filed a judicial review through lawyer Dennis Nyatundo.

Justice Winfrida Okwany upheld the magistrate court's ruling and directed that the county government to pay the organisation.

When Onderi appeared before Justice Majanja, he defended the government saying the Controller of Budget has failed to approve the payment.

“You have to show cause why the county government has not cleared the debt as directed by the court,” Majanja said.

He directed Onderi to file a detailed affidavit on steps taken on the matter.

Majanja summoned the CoB on April 18 to explain why the county government cannot settle the debt.

County deputy attorney Isaiah Mosota urged the court to direct that summons be served by the county police commander.

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