Early Wednesday a warrant of arrest was issued by a magistrate in Mombasa after he failed to refund the money which his advertising firm owed the miller for a marketing strategy. The miller had gone to court to seek the refund after accusing the governor and former journalist of failing to honour an agreement to market its products in 2012 through the governor’s Golden Publishers.
The miller is based in Mombasa where the case was lodged and was concluded against Mutua last year in October when judgement was entered against him. The firm wrote several letters to Mutua for refund which he allegedly declined to honour prompting the miller to return to court for force him to pay up.
The Governor who was to be arrested after a Mombasa court issued awarrant of arrest for him to be brought to court and show course why he should not be jailed for failing to pay his debtcleared the amount Wednesday.
Kitui Flour Millers lawyer Mr Erick Nyongesa confirmed Mutua escaped arrest after he sent somebody with the cash to clear the debt.
“Yes Mr Mutua cleared his debt at 4 pm by paying cash to avoid arrest which had been issued against him by Senior Resident Magistrate Rene Kitabah after the court entered judgement against his company” said Nyongesa.
“The Governor sent somebody who paid cash at my office at 4pm following thewarrant of arrest the company had failed to return after he failed to market the company’s product in East Africa,” said Nyongesa.
Nyongesa said that before Wednesday’s court’s decision Golden Marketing entered a contract with Kitui Millers to market for it its products in East Africa.
The lawyer said after the contract, Mutua’s company never fulfilled the agreement resulting in legal redress after the money was not refunded.
Nyongesa said his client got judgment on October 28 last year and despite many demands to refund the money the company declined to do.
The company later went to the court seeking orders to force him to pay the amount with interest and got orders.
On his part, Mutua denied that the arrest warrant had been issued against him.
Through a statement posted on his Facebook page, Mutua also confirmed payment of the amount:
“There was a Civil Case involving a Company in which I have an interest and where the Company Lawyer was inadvertently late due to travelling from Nairobi.
An order for the Company’s Directors to be arrested and brought to Court was issued but this order was lifted as soon as the Lawyer arrived in court this afternoon and the matter is now settled.
There is no arrest warrant in force against me.
The Warrant was wrongly issued because the Directors of a Limited Liability Company do not have personal liability from the Company’s activities. Just because you are known, does not mean the law can be twisted to embarrass you.”
- The Standard
Follow @africanewspost
