Iteere orders Moi’s son arrest
Posted by Administrator on February 24, 2012
Retired president Moi’s son Philip could soon find himself in prison after Police Commissioner Mathew Iteere gave officers the go-ahead to effect a court order that he be arrested.
The Nation learnt that Nairobi police boss Antony Kibuchi had directed the OCS Muthaiga Police Station to execute the warrant issued last Thursday.
The High Court ordered the detention of Mr Moi for one month at Industrial Area prison for ignoring a court order to pay maintenance to his estranged wife, Ms Rosanna Pluda. (READ: Court jails Moi’s son for a month)
Mr Kibuchi on Thursday wrote to Ms Pluda’s lawyer, Ms Judy Thongori, saying the warrant will be effected.
“I called for the warrant of arrest for my administrative action. The OCS has my blessings to execute the warrant,” said Mr Kibuchi.
On Tuesday, court clerks served the warrant on the police but officers at Muthaiga refused to accept it, saying the document had to be presented to the Nairobi Provincial Police Officer for approval before they could arrest Mr Moi. (READ: Now police ‘refuse’ to arrest Moi son)
Mr Moi’s troubles started after Ms Pluda sought his civil imprisonment for failing to obey a court order requiring him to pay upkeep.
Justice GBM Kariuki allowed the application and ordered that Mr Moi be jailed unless he pays all the money due to Ms Pluda.
His lawyer, Mr Evans Ondieki, failed to convince the judge to give the former president’s son two weeks to pay. He said he was appealing the decision.
The judge said Mr Moi was able to pay but was unwilling to do so. “The respondent in this case is not unable to pay. He is not a man of straw,” he noted.
Although he noted that it would be “morally wrong” and discriminatory against the poor to send one to civil jail for inability to pay a debt, he said Mr Moi was not poor.
Last October, the court ordered Mr Moi to pay Ms Pluda Sh250,000 a month for her upkeep and the maintenance of the couple’s two children. (READ: Moi son’s wife demands more cash)
Mr Moi could, however, owe more than Sh2 million because the first order was issued in May last year.
Then, he had been ordered to pay Ms Pluda Sh60,000 a month, but that was increased to Sh250,000 or Sh150,000 per month if the children were in boarding school.
Since Ms Pluda was unable to identify any of Mr Moi’s property to attach, and civil jail was for those who refuse to pay debts, the only option was to deprive Mr Moi his freedom, according to the judge.
Ms Pluda filed for divorce, on December 24 2008 accusing her husband of adultery and cruelty. The matter is yet to be finalised.
But Mr Moi in turn accuses his wife of adultery and cruelty, claiming she had an affair with a single man called Jomo Gecaga.
Ms Pluda seeks the dissolution of the marriage, custody of their two children, as well as school fees for both children. Mr Moi is also seeking custody of their two children.
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