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High Court orders arrest of Defence PS

By | April 18th 2012

By Vincent Bartoo

The High Court has issued a warrant of arrest against Defence PS Nancy Kirui for failing to execute a court order.

The court, sitting in Eldoret directed Police Commissioner Matthew Iteere to implement the order.

The PS was ordered by the court to pay a widow, Sally Kimaiyo Sh490,880 as compensation following the death of her husband who was killed by a Kenya Navy truck in an accident.

The money was to be paid to the widow and her son Francis Kimaiyo.

This followed a suit filed by the two against Mohammed Ali Mohammed, the driver of the lorry, the Department of Defence and the Attorney General. The truck ran over the deceased Daniel Kimaiyo in an accident that occurred on July 23, 2002 in Outspan, Eldoret.

Eldoret Resident Magistrate Grace Mmasi who heard the suit awarded the widow the compensation but the Ministry of Defence has failed to honour it. The two moved to the High Court to seek orders to compel the PS to pay them. High Court Judge Abigail Mshila subsequently granted the application on December 22 last year.

For the second time, the ministry failed to pay her forcing the widow to return to court.

Through lawyer Robert Limo, the widow told the court that the ministry had showed reluctance in paying her the award. Consequently, the court summoned the PS to appear before it on March 6 to explain.

The court gave the PS the option of paying the money before the said date to forestall any action that would have been taken.

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