Now police ‘refuse’ to arrest Moi son
Posted by Administrator on February 21, 2012
Police were on Tuesday reluctant to execute a court order for the arrest of Mr Philip Moi.
The Muthaiga Police Station officers refused to accept the warrant served by court clerks. They argued that the document had to be first presented before the Nairobi Provincial Police Officer for approval before they could arrest Mr Moi, son of former president Daniel arap Moi. (READ: Philip Moi faces jail over divorce row)
A tussle ensued between the three court clerks and police officers, with the former claiming the police had threatened to beat them up if they persisted.
None of the officers wanted to be associated with the arrest of Mr Moi. They kept their distance and watched as the court clerks shuffled to and from offices.
On realising that no one would receive the document, the clerks decided to paste it at the entrance of the police station and left, saying they had “managed to serve the order”.
High Court judge GBM Kariuki last week ordered the arrest of Mr Moi for failing to pay the maintenance of his estranged wife, Ms Rossana Pluda Moi.
Mr Moi is to be arrested and committed to civil jail at Nairobi’s Industrial Area Prison for a month.
The former president’s son is also expected to pay Ms Pluda a monthly allowance of Sh250,000. (READ:Moi son fights jail order in marital row)
Muthaiga OCS Johnstone Wanyama explained that it was police formality to have warrants of arrest approved by the PPO before they could be implemented.
Without this, he added, police remain powerless and cannot act on any arrest warrant.
Mr Wanyama said he had on Monday asked the clerks to serve the PPO with the court papers since he was the only one authorised to handle them, but they turned a deaf ear.
“Orders in Nairobi have to be sanctioned by the PPO before they are executed by police stations.
“I cannot take orders from court clerks. I only take orders from my boss, who is the PPO and so I cannot help them,” said Mr Wanyama.
According to court bailiff Ismail Kigarori, they had been given strict instructions by the High Court to serve the papers at the station closest to Mr Moi’s residence.
Mr Moi is believed to live in Muthaiga Estate.
“The papers we have served compel the station’s OCS to effect the said order though he had threatened to fight us.
“We have managed to serve the order by affixing it on the police station premises,” Mr Kigarori said.
Later, Starehe OCPD Aphiod Nyaga visited Muthaiga Police Station, took the court order and said he was going to present it to the PPO.
The court ordered Mr Moi in October last year to pay Ms Pluda Sh250,000 a month for her upkeep and maintenance of their two children.
The first order for maintenance was given in May last year during which he was ordered to pay Sh60,000 a month.
The amount was thereafter enhanced to Sh250,000 a month or Sh150,000 if the children were in boarding school.
Mr Moi on Monday appealed against the court ruling that he should be arrested, accusing Justice Kariuki of bias.
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