Balala skips court again, sends note

What you need to know:

  • His note to the court was cautioning that the Court of Appeal had issued orders suspending further proceedings in the matter.
  • The court ordered for the consignment be released, but the ministry failed to do so, resulting in a contempt of court application and summons against Mr Balala.

Mining Cabinet Secretary Najib Balala Monday failed to honour court summons saying the case had been halted.

Mr Balala was required to appear in person before the High Court in a case where he is accused of holding 10 containers of minerals belonging to an exporter.

His note to the court was cautioning that the Court of Appeal had issued orders suspending further proceedings in the matter.

Stema Alloys Enterprise sued him and the Commissioner of Geology for impounding 240,446 kilogrammes of crushed malachite ore (copper) that was being transported to South Korea. The ministry alleged that the firm’s export documents had been doctored.

The court ordered for the consignment be released, but the ministry failed to do so, resulting in a contempt of court application and summons against Mr Balala.

Previously, he similarly sent a letter stating that he was sick hence could not attend court.

“According to this letter, the minister should be in the intensive care unit,” said Justice Erick Ogolla. “He should then not be seen to be presiding over or performing any State functions.”