NAIROBI, Kenya, Feb 26 – A warrant issued earlier on Wednesday against Machakos Governor Alfred Mutua by a court in Mombasa has been lifted.
Mombasa Resident Magistrate Renee Katagwa had issued the warrant after Mutua failed to turn up in court in a civil case where Kitui Flour Mills was seeking Sh1.1 million from Golden Dreams Company Limited, where he was a director.
The warrant was lifted when his lawyer explained that Mutua had not deliberately ignored the court summons and that it was the advocate who got delayed in getting to court.
“An order for the Company’s Directors to be arrested and brought to court was issued but this order was lifted as soon as the lawyer arrived in court this afternoon and the matter is now settled,” Mutua later explained.
Mutua also contended that Golden Dreams is a limited liability company and that he cannot therefore be held personally liable for its debts.
“Just because you are known, does not mean the law can be twisted to embarrass you,” he stated.
In its civil suit, Kitui Flour Mills alleged that Golden Dreams had failed to return Sh1.1 million it had paid to the company for advertising.
Kitui Flour Mills lawyer, Erick Nyongesa, informed the court that Mutua had made several promises to pay the money but had not honoured his plea.
“The accused promised on several occasions to pay the amount in cash but to this point he has not done and we are worried that if he is not brought to court he might never pay the debt,” he argued.
The flour miller says it contracted Golden Dreams in October of 2010 but when the services went unrendered and their investment unreturned, they moved to court on August 6, 2012.
On February 17 Katagwa directed that Mutua be served with a notice to show cause as to why he should not be committed to civil jail for failing to honour the debt.
The matter was however settled on Wednesday.