NAIROBI, Kenya, Oct 24 – The High Court has insisted that Defence Principal Secretary Kirimi Kaberia must appear before it to show cause as to why action should not be taken against him over the refusal to pay Sh5 million to former military officer.
Justice George Odunga has ordered the PS to make himself available on 8th November when the matter will be mentioned.
An arrest warrant had been issued earlier against the PS but the judge was however told by the police officers that they were unable to get access to him.
Odunga issued the warrant two weeks ago after Silvanus Otieno informed the court that the PS who is the accounting officer in the Defence Ministry has not complied with the orders issued in July 2014 requiring him to pay him in damages for unlawful termination of his commission.
The judge further directed the warrant to be “returned with endorsement to confirming compliance”.
The retired Lieutenant Colonel sued the Attorney General on behalf of the Ministry of State for Defence following his sacking on 2007.
He told court that he had been commissioned as a lieutenant in the Kenya Army in 1981 leading to his appointment as a commanding officer.
In July 2006, he was given a special assignment over a function in Nakuru though he was stationed at Kahawa Garrison.
The following year he was charged with eight counts related to disobedience to standing orders of the Armed Forces Act.
He was accused of incurring expenses in respects of tinned pineapples, cooking fat, bags of sugar, rice and blue band.
Although he was acquitted of some of the allegations, a committee that investigated him found him guilty of four allegations relating to flouting procurement regulations.
He decided to appeal before the committee but his plea was not considered.
Eventually he was retired on pension in September of the same year.
Aggrieved by the decision, he sued the State arguing that his termination was in breach of his terms and condition of service and was actuated by malice.
It was his contention that given his rank of Lieutenant Colonel, his commission could only be terminated by the President.