Two Mombasa officials risk jobs loss over court defiance

Justice Eric Ogola. FILE PHOTO | NMG

What you need to know:

  • Two senior county government of Mombasa officials risk losing the public offices they hold for continued contempt of court.
  • Justice Eric Ogola has given Mombasa County Committee Member-Finance and Economic Planning Mariam Mbaruk and her chief officer Aisha Abdi the last chance to appear before court to show cause why it should not make a ruling on their defiance to Chapter Six.

Two senior county government of Mombasa officials risk losing the public offices they hold for continued contempt of court.

Justice Eric Ogola has given Mombasa County Committee Member-Finance and Economic Planning Mariam Mbaruk and her chief officer Aisha Abdi the last chance to appear before court to show cause why it should not make a ruling on their defiance to Chapter Six and whether they should continue to hold public office.

“Aisha Abdi and Mariam Mbaruk... they have shown the most despicable attitude towards the rule of law, several times they have defied the orders of the court to appear (in court),” said Justice Ogola.

The judge directed the two officials to appear before court on Wednesday with or without their lawyers and further lifted an order suspending the enforcement of arrest warrants against them due to their continuous disobedience of the court orders.

“In addition to the contemnors (Ms Abdi and Ms Mbaruk) attending this court, they should also be arrested and jailed in accordance to orders issued on May 5 and June 29,” said Justice Ogola.

The two officials were each separately sentenced in absentia to 60 days’ imprisonment for contempt of court in May and June after failing to attend court to mitigate before sentencing.

Ms Abdi and Ms Mbaruk sentencing followed their conviction for contempt after an application by Coastal Bottlers Ltd which sought to be paid Sh963,361 by the county government.

In their application seeking to have the court set aside the arrest warrants against them, the two officials said they had since paid the money and settled the ordered costs.

“This debt emanates from times of the municipal (council) as part of legal fees and that is the reason it was never captured in the several budgets of the county government of Mombasa,” the application stated.

In his ruling convicting the two officials, Justice Ogola said their argument was not sufficient reason to delay payment for almost ten years.

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