BY SAM ALFAN
Mining Cabinet Secretary Najib Balala is not yet out off the hook over contempt proceeding pending before the high court.
Justice Eric Ogolla said that the application for contempt will not be heard until he appears personally in court.
Balala was supposed to appear in court today, but failed to do so has the court was informed that he was indisposed.
Senior state counsel Mwangi Njoroge presented letter from doctor attending to the minister indicating that he is indeed very sick.
He sought time to allow him recover, before can present himself to the court to explain why he has not complied with court order requiring him to release the consignment he seized at the port of Mombasa.
The minister and commissioner were initially summoned to appear in court over refusal to release confiscated minerals.
Justice Francis Gikonyo had issued the orders, following an application by Stema Alloys Enterprises limited whose goods have been seized and the minister has declined to release them has ordered by the court.
The company’s lawyer Fred Athuok, told the court that the order requiring the minister to set free the ship carrying the mineral have been disobeyed.
He said that the only alternative is to issue warrant of arrest against the minister so that he can be to be committed to civil jail for breach of the high court order issued on 24 October 2014.
” The defendant disobedience of the court order is utterly detriment to the applicant as their impounded goods continue being held at the port causing intense frustration and humiliation to the owner of the cargo” the lawyer submitted.
The said cargo was to be shipped to South Korea, the minister claim that the owner of goods did not have export licence.
The judge directed that minister do appear in court on February 2 for the hearing of the contempt application.