Najib Balala told to explain why he ignored court

What you need to know:

  • Mr Fred Athuok for Stema Alloys Enterprises told the court that Mr Balala and two senior officials had defied the orders issued on October 24.
  • Justice Eric Ogola said Mr Balala must explain why he had not released a ship and 240 tonnes of copper-ore destined for South Korea despite an order.
  • The judge had summoned Mr Balala, acting Commissioner of Mines and Geology Shadrack Kimumo and a senior superintendent of mines Collins Ngigi to explain why they had not released the ship.

A judge has summoned Mining Cabinet Secretary Najib Balala to appear personally in court on January 14 to defend himself in a contempt case.

Justice Eric Ogola said Mr Balala must explain why he had not released a ship and 240 tonnes of copper-ore destined for South Korea despite an order.

Mr Fred Athuok for Stema Alloys Enterprises told the court that Mr Balala and two senior officials had defied the orders issued on October 24.

“Unless this court stamps its authority, its directives and orders will be defied with impunity,” Mr Athuok said.

He added that the Cabinet Secretary had made it a habit to defy the court, citing another example in 2004 when Mr Balala was the Sports Minister.

Mr Athuok told the court that Mr Balala’s office was served with the order.

“There is evidence that the Cabinet Secretary was served with the order on October 24,” he said.

The judge had summoned Mr Balala, acting Commissioner of Mines and Geology Shadrack Kimumo and a senior superintendent of mines Collins Ngigi to explain why they had not released the ship.

State Counsel Njoroge Mwangi told court that the Attorney-General’s office appealed against the orders issued on the Cabinet Secretary and the two officials.

Stema Alloys says it is disturbed by Mr Balala’s decision to detain its goods.