, NAIROBI, Kenya, Feb 25 – Inspector General of Police David Kimaiyo has said he will not arrest Interior Principal Secretary Mutea Iringo despite a court order, since it will “embarrass” him.
The stand made by his spokesman Masoud Mwinyi makes it clear the law does not apply equally to all Kenyans.
Justice George Odunga had on Monday restated a directive to Kimaiyo that Iringo should be arrested and presented before him to explain why he should not face contempt charges for his ministry’s failure to pay Sh31.6 million awarded to Tanzanian national James Koroso for false imprisonment and torture.
“We do not want to create a situation where the government is embarrassing the government or maybe we are not taking due consideration,” Mwinyi said and added. “There are several processes and procedures that he (Kimaiyo) also has to observe because it not like the Principal Secretary has gone into hiding,” Mwinyi stated on Tuesday.
He said the stand was not taken in defiance of Odunga’s order which would be enforced “in an appropriate manner, at the appropriate time.”
But when put to task, Mwinyi was unable to explain exactly what that appropriate manner would be.
“We might not go detail to detail of the way he’s dealing with the situation but you can rest assured that it is not that he has said no or that he has declined but that appropriate action will be taken at the appropriate time,” he reiterated.
It is not the first time an arrest warrant has been issued against Iringo for failure to honour a court summons; in December 2013 he failed to appear in court to explain why a Sh727,706 had not been paid out to former constable Mwanza Mukoma for unfair dismissal and prosecution for theft.
When he was sworn into office, Kimaiyo pledged to uphold the Constitution which states, “This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.”
President Uhuru Kenyatta and his Deputy President William Ruto have on numerous occasions also stated that no one, including those in senior positions in government, is above the law.