The Environment and Land Court sitting in Machakos on Wednesday, September 1, directed the police to arrest Governor Mutua for failing to pay Ksh5.5 million to a petitioner.
In the arrest warrant seen by kenyans.co.ke, Machakos Law Courts Senior Resident Magistrate, Charles Ondieki, directed police to arrest Mutua unless he provides the monies adjudged by the court.
Further, the court noted that the Governor should also bear the costs for the executing officers.
“You are further commanded to return this warrant as soon as it is executed or the money noted in the margin is tendered to you with an endorsement certifying the day on which and manner in which it has been executed,” the warrant read in part.
Businessman David Gitau Thairu sued Mutua for dumping waste on his piece of land in Machakos.
The Governor, however, ignored a high court board barring him from dumping waste on the businessman’s land leading to the lawsuit.
The court had also directed Mutua and his administration to remove the waste dumped into the parcel of land.
Thairu sought a declaration that his rights to deprivation of property had been contravened by the County Government of Machakos and the Governor.
Through his lawyer, Thairu told the court that despite the Governor knowing of the court orders, he failed to comply.
“Unless this honorable court cites the Governor County Government of Machakos for contempt of court orders of this court, the authority and dignity of this court are at stake” read the application by Thairu.