Trader asks court to bar police from arresting him
Nakuru senior resident magistrate Faith Munyi declined to grant Mr James Gitau, who is the owner and principal of St Agnes Scenery Girls High School, bond as he might interfere with the prosecution’s evidence. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
- Contractors have sued Mr Julius Mwalo over allegations he issued bouncing cheques amounting to Sh22 million.
- But he says his lawyers asked him to write post-dated cheques.
A controversial developer in Kakamega County has filed an application at the High Court seeking to stop the police from arresting him.
Mr John Mwalo also wants them stopped from prosecuting him over claims he issued bad cheques to contractors amounting to Sh22 million.
CHEQUES
Mr Mwalo, of Mwalo City in Butere, claims he was forced by partners to make payments through post-dated cheques when they visited his project.
He has been in the news over the multi-million-shilling project in Butere, which Kakamega County administration officials say has not been approved.
But contractors have been pursuing him over delayed pay and bounced cheques amounting to Sh22 million.
They sued him and he is yet to take a plea in the case.
Court records show he drew the cheques between November 27 and December 1, 2017 in Kisumu with knowledge that the account had insufficient funds.
And when creditors tried to bank the cheques, they bounced.
APPLICATION
In his application, Mr Mwalo claimed Flying Squad officers from Kisumu stormed his home on December 20 last year to arrest him over the issue.
His lawyer intervened and the police left him, he said.
Mr Mwalo said his lawyers compelled him to write the cheques even after he had disputed the amount demanded by the contractors.
He claimed he was also forced to pay the lawyers Sh150,000 fees.
The application came up for mention before Kakamega presiding Judge Ruth Sitati.
The Attorney-General, Director of Public Prosecutions and the Robi Kerato and Partners have been named as parties in the application.
‘UNWELL’
Justice Sitati recused herself for personal reasons and the matter will now be heard by Justice Jesse Njagi.
Mr Mwalo did not attend court and is out on a Sh10,000 bail.
Lawyer Carlistous Shifwoka, who stood in for a lawyer representing Mr Mwalo, told the court that the businessman was suffering food poisoning and was on treatment.
But lawyer Martha Wenene, representing the Robi Kerato and Partners, said the appellant was trying to evade justice by not appearing in court.
Justice Sitati directed that the matter be mentioned before Justice Njagi on March 8 for directions.
