Nakuru Small Claims Court has lifted a warrant of arrest against a senior prison warder accused of defrauding her neighbour of Sh840,000 under the pretext of securing him employment.
Resident Magistrate Edwin Oboge had issued a warrant of arrest against Viola Chumo after she failed to pay Richard Bungei Sh930,000 in May.
The court heard that Chumo, a prison officer at Nakuru GK Prison, had obtained the money fraudulently on July 25, 2022.
The money is said to be for the facilitation to recruit Bungei as a trainee warder.
She acknowledged having received the cash but pleaded with the court not to be arrested since her job was at stake.
Chumo was to refund the amount in two instalments, on September 30 and November 30, 2022, but failed.
Bungei was awarded Sh930,000 following court intervention.
An affidavit filed in court by Bungei lawyer David Mongeri indicated that he instructed Direct “o” Auctioneers to proceed with attaching Nissan Xtrail belonging to the officer on January 27, 2023.
“On January 31, 2023, the auctioneers proceeded to the defendant’s workstation at Nakuru where she is a senior warder. She was issued with proclamation notice and warrant of attachment dated January 27,” Mongeri noted.
The lawyer explained that the warder evaded justice, frustrating the auctioneers by using her position to hide the motor vehicle from one station to another.
Chumo later filed a notice of motion seeking stay orders for the execution of the judgment for her to liquidate the money in monthly instalments to be paid from October 31 until it is settled.
She further explained that despite the lean economy, she was willing to pay the money to Bungei as ordered by the court.
“Unless execution of the said judgment and decree is stayed, the applicant will be arrested and committed to civil jail, which will in turn lead to her losing her job, which is her main source of income,” read the affidavit.
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