Court lifts arrest warrant against four Nairobi County officials
By Bernice Mbugua, November 4, 2019
Four Nairobi Senior county employees have obtained a relief after the high court suspended warrant of arrest issued against them in 2017.
Justice John Mativo issued orders stopping the arrest of Simon Morintat Leboo, Pauline Kahiga, Halkano D. Waqo and Johson Akongo pending the hearing of the case.
Proland Limited and Iris Properties had obtained court orders to have the four officer arrested for not paying a debt of Sh35 million to their companies.
However, in their suit papers, the four argue that they have absolutely no control over the liquidity or financial control of the public institution which is Nairobi City County formerly Nairobi City Council.
“The said companies are in the process of executing warrants of arrest against the applicants in their individual capacities notwithstanding that they are not in control of budgetary allocation of the Nairobi City County,” their lawyer George Kithi said in Court documents.
It is their argument that the warrants being executed against them or being threatened to be executed against them in their homes at 3am and against their families contrary to the law.
The senior officials claim that on saturday October 26 and 27 and 28, the director of Proland Ltd accompanied by a contingent of male police officers without any justification in law whatsoever invaded their private home and particularly of Simon Leboo and entered therein and attacked his family threatened then and picked them for questioning and also arrested them.
“The male police officers arrested his daughter at 3 am a fourth year Law student at University of Nairobi and whisked her away without the company of any relative or female officer, molested and detained her in their custody later releasing her without preferring charges,” read the Court documents.
They argue there is a real danger that they may be investigated for conspiracy or criminal negligence or abuse of office and prosecuted in impeding breach of the provisions of Anti-corruption and Economics crimes Act.