An arrest warrant has been issued against Interior Principal Secretary Mutea Iringo who is accused of sitting on Sh31 million damage claim that was awarded to Tanzanian for wrongful detention and torture.
This comes in the wake of a series of similar orders that were issued against him in pending compensation cases dragging on in court but are yet to be executed.
The PS has three pending arrest warrants emanating from a Sh780,000 compensation awarded to a police officer who sued for malicious prosecution after he was shot, arrested and charged with robbery but later acquitted for lack of evidence.
Justice George Odunga on Monday ordered the Inspector General of Police to arrest the PS and bring him to court to “show why he should not be tried for contempt.”
FEARS FOR HIS LIFE
The claimant, Mr James Alfred Koroso, told a judge that he fears for his life after senior government officials called and threatened him with death “if he continues litigating for the compensation.”
He had sued for special damages following his arrest and torture in December 19, 1993 and the government was to be pay him Sh31,576,584 with an accrued interest of 6 per cent from the date of the award, but this has not been honoured to date.
“Despite the award, the respondent has continued to default and the plaint has been unsuccessful, instead I have received calls from government officials who are telling me that this is Kenya and I am a foreigner and, may pay with my life for the continued litigation,” he said.
The litigant said he is seeking costs in terms of loss of income from business and legal expenses.
BATTERED WHILE IN CUSTODY
While granting the award, a court had directed that the prosecution incurs the cost of Mr Koroso’s legal expenses but the case was appealed against with the government losing a second time and a three a judge bench enhancing an earlier Sh21 million award to Sh31 million in the determination case.
Mr Koroso said CID officers from Kiambu arrested him 1993 and he was held in various police stations pending investigations for robbery. He said he was deprived of communication from the outside world and was battered while in custody.
On December 7, 1995 he was acquitted and he lodged a damage case for false imprisonment, malicious prosecution, assault ,injury and lost business opportunities, but “to date the respondents have failed to satisfy the award.”
The case will be mentioned on March 12.