Nairobi county secretary Lillian Ndegwa.
BY SAM ALFAN.
High Court has issued warrant of arrest against Nairobi county secretary Lillian Ndegwa after she failed to appear in court on May 29 to show cause.
Justice Majanja instructed Central Police boss, Fredrick Lai, to arrest Ndegwa for failing to obey court to pay Jane Njoki Sh30 million.
“Whereas the honorable court has made an order for the arrest of County Secretary of Nairobi County and be brought before this court for failing to show cause why they have not paid the decretal Sh20 million together with interest at 12 per cent,” the warrant issued by Majanja
“You are hereby (Lai) to arrest the said judgment debtors and bring him/her with convenient speed.” Warrant added:
Njoki was awarded the money in a civil suit 15 of 1995 in which she was to be paid Sh20,112,500 on October 10, 2009 but has accrued interest since then to June 3, 2014 of Sh8,748,110.
Njoki and her late husband, Dickson Mwangi, purchased leasehold property No. 209/2489/6 as joint tenants from Banarshi Goshi on June 12, 1978 for Sh240, 000.
They then borrowed a loan of Sh160,000 from Standard Chartered Bank on February 26, 1996, developed it and leased out the premises to several lessees to get rent as an income which varied over the years.
The two then received rate demands from the city council which was also Njoki’s employer which was settled though at times late.”On February 13, 2001, we learnt that the property had been sold by the city council in 1995 for non-payment of rates pursuant to orders in decree issued by the council magistrate in a suit I was not aware,” Njoki said in an affidavit she swore during the case.
She said her husband Mwangi on receiving the news became very ill partly due to trauma and shock of losing the property and passed on.
On February 2, 2006, Njoki filed a case in the city council courts and all subsequent orders of the case were set aside as they had not been served with summons or any pleadings of the case (civil suit 15 of 1995).
“The aforesaid motion was heard interparty where after in a ruling delivered on December 14, 2006 the city council resident magistrate set aside the judgment and decree issued on July 19,1995,” court papers drawn by Kwanga Advocates says.
In a consent entered after the judgment, the city council agreed to pay Sh37, 894,200 million with Sh10 million being the first installment. The remaining amount was to be paid in Sh5 million which did not materialize.
The award arose out of a legal dispute over a piece of property.