A Kitui court has ordered the local OCS to appear before it today morning over failure to execute a warrant of arrest issued against a debtor.
Acting Senior Resident Magistrate Albert Lesootia yesterday issued the summons after a plaintiff Musyimi Mutunga complained that the police had failed to arrest the defendant.
Mr Mutunga is seeking to recover Sh325,859 from the defendant, Sammy Nzila. Lesootia said the OCS should also answer to allegations that Nzila was unlawfully released from custody after he was arrested last week.
Through his lawyer, Morris Kimuli, Mutunga accused police of being compromised by the defendant, adding that he personally presented the arrest warrant issued on November 13 to an officer who works under OCS for execution.
“I presented the warrant of arrest to a police officer, a Mr Mureithi, attached to Criminal Investigation Department, but he was not willing to act. Another officer, a Mr Mogire, could also not arrest the defendant,” Mutunga told the court.
Kimuli said it was the duty of the police to execute court warrants and that no officer had the right to release a person arrested pursuant to a civil warrant of arrest.
“Again the conduct of the defendant in attempting to escape while in the company of a police officer constitutes a crime. If the police cannot independently investigate this matter, my client will see leave from the court to conduct a private prosecution of the officers involved,” the plaintiff’s lawyer said.
The plaintiff stunned the court when he claimed that last Thursday, Nzila allegedly seized a police officer who had gone to arrest him and drove off with him.
He said afterwards he, his lawyer and the Officer-in-charge of Crime Peter Munene, gave chase in another car and intercepted the two at Ithookwe area.
Mutunga said as they gave chase, Mr Munene tried to call Kimaru on his cell phone in vain.
Nzila was eventually arrested only for him to be released the following day.
The plaintiff said he had sworn an affidavit following the illegitimate release of the judgment debtor.
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