A former Kenya Pipeline Company (KPC) managing director, Mr Ezekiel Komen, risks a six-month jail term after his advocate sought to commit him to civil jail for failing to pay a debt of Sh5.2 million for representing him in a graft trial.
Kiplenge & Kurgat Advocates applied for the former MD to appear in court later this month and explain why he should not be committed to civil jail over the failure to pay the money.
Mr Juma Kiplenge represented him in a case in which he was accused of breach of trust by authorising the payment of Sh65.2 million from KPC, to a private company.
He was charged in 2010 together with former President Daniel Arap Moi’s aide Joshua Kulei, former Lands Commissioner Wilson Gachanja, former Kenya Airports Authority (KAA) Peter Langat, businessman Prakash Bhundia and three companies.
They had denied charges of fraud, abuse of office and corruption but the case was terminated three years ago after the money, which formed the core of the case, was refunded to Treasury.
Mr Kiplenge later filed a bill of costs, a case which Mr Komen did not defend. He had sought a fee of Sh57.6 million but deputy registrar M. Osoro reduced the amount to Sh5.2 million.
“This is to give you notice that you are to appear before this court on the 27th June 2022 in person or by an advocate or agent duly authorised and instructed to show cause, if any, why execution should not be granted,” the notice filed before the anti-corruption division of the High Court read.
Mr Komen allegedly authorised payment of Sh65.2 million from the bank account of East African Gas where he was a signatory.
The charge sheet alleged that the former officials breached the trust bestowed on them and irregularly obtained money from the corporation in 1999 through pretence.
Mr Gachanja and Mr Bhundia allegedly facilitated the transfer of 12 land parcels excised from KAA in Mombasa to the East African Gas Company which had a joint venture with KPC. The case had been pending in court for years before it was withdrawn.