IG Joseph Boinnet has been summoned to court for failing to arrest Defence PS Saitoti Torome following a Sh17 million payout dispute with a family.
The Inspector General of Police
is expected in court on December 13.
Justice Joseph Sergon gave the orders after the PS disobeyed and failed to comply with court orders issued on May 30, 2016.
The orders compelled Torome to pay the said family the money in compensation for a piece of land they surrendered to the government.
Eunice Makori and Hellen Makone sued the PS in 2009 after he failed to compensate them for the late Johnson Onduko Makori's parcel of land in Mombasa.
The two said that being the administrator and personal representatives of the estate, the government failed to pay them Sh9.2 million plus interest in 2006.
This was when the land was given to the government.
The applicants - a mother and her daughter - say a judgement was delivered in June 2015 and they were awarded money for compensation.
They said the judgement and orders given by the judge were served upon Torome, Boinnet and former Attorney General Amos Wako who acknowledged receipt.
Torome was to be jailed on Monday for contempt of court but did not go to court.
"I do not understand why the PS, who is the accounting officer, does not want to pay the applicants. He may be enjoying some protection and this could be the reason why he does not appear in court," Sergon said.
Last month, the same court sentenced the PS to six months in civil jail for contempt and was issued with another warrant on November 30 through the office of the Inspector General.
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Sergon gave the sentence after Torome failed to obey court orders directing him to pay Sh17,257,930 to a family who gave out their estate to the government in 2006.
"The respondents have failed to appear in court and mitigate why he has failed to honour court orders having been cited for civil jail for contempt earlier," the judge said.
In an affidavit filled in June, the PS denied owing the applicant any money adding that he is aware that any liability or expenditure incurred against the government can only be defrayed from funds provided by Parliament.
"Parliament has not provided my ministry with adequate funds to settle the applicant’s claim," Torome said.