A court has asked the Muthaiga police boss to explain why he should not be jailed for failing to arrest Philip Moi.
High Court judge Aggrey Muchelule issued the summons following a successful application by Philip’s ex-wife Rossana Pluda. Philip is the son of the late President Daniel Moi.
The OCS should appear in court on February 25.
Pluda had told court that the OCS was ordered to arrest Philip for failing to pay her Sh1.8 million, part of legal fees she was awarded in a suit against him.
Pluda informed the court that her process server Willy Velle served the warrant of arrest through the regional police commander on May 12, 2019.
Philip, she says, persisted in his defiance until May 21 when his advocates sent a letter saying he was willing to pay in instalment of Sh500,000.
On July 30, 2019 Philip’s advocates forwarded a cheque of Sh500,000 being first instalment.
Again on December 11 they forwarded a cheque of Sh500,000, adding up to Sh1 million. The balance was Sh1.8 million.
Pluda claims Philip has no intention of settling the balance and the OCS has failed to arrest him.
The order to pay the money to Pluda was issued on February 18, 2019 but Philip did not pay, forcing the woman to go back to court.
And on April 9, 2019 the court issued a warrant of arrest against Philip and directed that it be executed by OCS Muthaiga police station.
But two years later Philip has yet to pay the money, neither has he been arrested.
In June 2019, Philip sought to lift the warrant of arrest against him saying he had surrendered the house in Watamu valued at Sh140 million to Pluda.
“Jailing me will affect me adversely. It is only fair and just that we be allowed to resolve our differences outside the conventional adjudication process,” he had said.
Philip had also said in his affidavit that his constitutional rights to liberty and legitimate expectation are threatened.
He had said that he will suffer and be humiliated if the arrest warrant was executed.
Philip, a former army officer, had said he had substantially resolved the main issue in the divorce case and wants Pluda to stop harassing him.
He further told the court that he has a modest income and it is unfair and unjust to treat him harshly because he comes from the former first family.