• Petitioner had filed to have the two committed to civil jail of six months each, but judge spared them the arrest warrant.
• Petitioner sued the county and the two officials in a civil case which began in 2015. He won and was awarded the amount.
A Meru High court has issued summons to Meru Deputy Governor Titus Ntuchui and county secretary Rufus Miriti.
The two failed to appear in court for contempt of a case against them.
Presiding judge Alfred Mabeya spared the two senior county government officials a warrant of arrest sought by the claimant and instead issued a summonses for the matter to be heard next week.
He said the parties sued for contempt of court must avail themselves in court personally regardless of their status in society.
The petitioner, Njeru Mkombozi, through lawyer Magee Wa Magee, had filed a motion to have the two committed to civil jail of six months each after they failed to settle the compensation of Sh138 million awarded by the court on May 2.
“A contempt proceeding has merit, there is no one who is too important that he is unreachable by law, court process must be obeyed by all and sundry because the law is enacted for all in the society," Mabeya said.
"In view of the foregoing, I have been asked to issue a warrant of arrest against the two respondents for their conduct, however, I give them a chance as the court expects them to be civil. I hesitate to give a warrant of arrest and instead issue the summons."
Mkombozi, through his firm Nice Millers Ltd, sued the devolved unit and the two officials in a civil case which began in 2015. He won and was awarded the amount.
The county has impounded his rice wagons rendering many jobless, revoked his licence amounting to Sh500,000 and destroyed rice, Mkombozi said.
Magee had urged the court to issue a warrant of arrest against the duo before the matter proceeded.
However, their lawyer Munga Kibanga presented the court with a medical letter from Aga Khan Hospital dated July 27, 2019, a date yet to come, in respect of the county secretary.
According to court documents, Magee said the respondents were not in order to stay a court order and as such his client continues to suffer great economic and financial hardship.
“The respondents have blatantly refused to obey the court order made on May 2, it is in the interest of justice that the respondents be punished by way of committing to civil jail for disobeying a court order,’’ Magee said.
Edited by R.Wamochie