Judge issues fresh arrest warrant against Interior PS Mutea Iringo
Interior Principal Secretary Mr Mutea Iringo before the beginning of a closed-door session over the House National Security Committee's probe into the Sh12.3 billion security contract awarded to Safaricom Limited on June 5, 2014. PHOTO/DIANA NGILA
What you need to know:
- Mr Iringo was summoned to explain why his ministry is yet to pay over Sh31 million to a Tanzanian businessman
- This is the second warrant of arrest to be issued against Mr Iringo in the case
The High Court Friday issued a warrant of arrest against Interior Principal Secretary Mutea Iringo after he failed to appear as ordered.
Justice George Odunga directed Inspector General of Police to arrest the PS and bring him to court after he failed to heed summons.
Mr Iringo was summoned to explain why his ministry is yet to pay over Sh31 million to a Tanzanian businessman for wrongful prosecution. (READ: Court summons Iringo over unpaid award to Tanzanian)
Mr James Alfred Koroso was awarded Sh31,576,584.35 in 2008 as compensation and is yet to be paid.
State counsel representing Mr Iringo told the court that the PS was at a security meeting out of town.
NOBODY IS ABOVE THE LAW
“It has been difficult for the PS to attend court sessions because he is attending a security meeting in Mombasa and he is seeking to be excused from attending in person,” explained the State Counsel.
Judge Odunga however said that was not sufficient reason to defy a court order adding that “nobody is above the law.”
This is the second warrant of arrest to be issued against Mr Iringo in the case.
In February, Justice Odunga ordered for Mr Iringo’s arrest for him to show cause why he should not be tried for contempt. (READ: Arrest warrant out for PS Mutea Iringo)
Meanwhile, a non-governmental organisation wants the entire suit, which resulted in the award quashed on grounds that the lawyer, who represented Mr Koroso at the time, was not qualified to practice.
LAWYER NOT CERTIFIED
Citizens Resources Society of Kenya, in an application filed through lawyer Stephen Kariuki Mburu, said the proceedings before judge Ojwang were illegal because lawyer Antony Huka Khamati did not hold a valid practicing certificate at the time he handled the matter.
Mr Kariuki said that the fact that Mr Koroso’s advocate was not authorised by law to appear before the court was never brought to the attention of the judge.
“The proceedings conducted before Judge Ojwang were tainted by an illegality in that the advocate Antony Huka Khamati was not entitled in law to appear in court as an advocate and ought to be expunged from the records and the judgment be set aside for illegality,” he said.
The lobby attached in their court papers, a letter from the Law Society of Kenya (LSK) indicating that lawyer Antony Huka Khamati was suspended from the roll of Advocates on February 20, 2006 for a period of nine months and was thus not entitled to appear before any court.
