Balala ordered to appear in court over copper dispute

What you need to know:

Lawyer Fred Athuok for Stema Alloys Enterprises Ltd told the judge that Mr Balala and two senior mines officials have blatantly defied the court orders he issued on October 24, 2014.
Mr Athuok told the judge that the minister is notorious of defying court orders. He claimed that even when he was the minister for Sports in 2004 he would defy court orders “but escaped jail saying he was not personally served.”

A High Court judge has ordered Mining Cabinet Secretary Najib Balala to appear in court personally on January 14, 2015 to defend himself in a contempt of court case.

Justice Eric Ogola directed Mr Balala to appear before him in person and explain why he has not released a ship and 240 tonnes of copper-ore destined for South Korea despite a court order to do so.

Lawyer Fred Athuok for Stema Alloys Enterprises Ltd told the judge that Mr Balala and two senior mines officials have blatantly defied the court orders he issued on October 24, 2014.

“Unless this court stamps its authority its directives and orders will be defied with impunity by senior government officials,” Mr Athuok told the judge.

Mr Athuok told the judge that the minister is notorious of defying court orders. He claimed that even when he was the minister for Sports in 2004 he would defy court orders “but escaped jail saying he was not personally served.”

Mr Athuok told the judge that the Secretary's office was served with the court order requiring him to release the ship and the cargo destined for South Korea from Kenya. He added that attempts to get a stay on the order to release the goods was rejected.

READ: Court orders Balala to return Sh150M copper to dealer

The judge had summoned Mr Balala, the acting Commissioner of Mines and Geology Mr Shadrack Kimumo and a senior superintending mines officer Mr Collins Ngigi to appear before him to offer an explanation as to why they had not released the ship and calculated the revenue payable by Stema Alloys Enterprises Limited.

A state counsel Njoroge Mwangi told the judge that the office of the Attorney General has appealed against the orders issued against the Cs and the ministry officials. However, the judge was told by Mr Athuok that “an appeal is not a stay of the court orders.”

Stema Alloys Enterprise Ltd, whose goods have been allegedly withheld for over 40 days, says that it is immensely disturbed by the minister's decision to detain its goods illegally. The firm has has named Mr Balala and the Attorney General as defendants in the case.

Mr Justice Ogolla has required the Mining ministry to ensure that while it insisted on pursuing the matter at the Court of Appeal, it should consider incurring tax payers’ money as demurrage costs to the company.

“Demurrage costs are to be paid from the date order was issued, the ministry should not lead the expenditure of more costs which can be avoided,” said Justice Ogolla.

The judge directed the ministry to calculate any charges and revenue it is demanding from Stema Alloys within 7 days. The case will be heard on January 15, 2015.