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The High Court in Mombasa has issued warrants of arrest against Mombasa Governor Abdulswamad Nassir, County Attorney Jimmy Waliaula and Chief Executive Officer Lands Mohammed Hussein Mohamed.
Yesterday Justice Lucas Naikuni issued a warrant of arrest against Swamad and his officers over contempt of court in a multi-billion land suit property that belongs to Innovate Property Limited.
Justice Naikuni directed that the warrants be affected on May 10, 2024, if the governor and his officers fail to obey the court’s orders directing him to vacate his officers from a multi-billion property owned by Innovative Properties Limited.
The judge allowed Nassir to have a meeting with Innovative Properties Limited on May 2, 2024, and have the court notified of the meeting on May 6, 2024.
“I will allow out of court to discussion to continue. I feel I should issue warrant of arrest in between. I issue warrant of arrest to be confirmed. They will be arrsted May10 on friday. The warrants will be issued on May 10 when it will take effect,” said Justice Naikuni.
The judge said the matter is not light and that court orders were not cosmetic.
“You can have a meeting until May 2, 2024, and tell me on May 6, 2024, of the progress and if there is no compliance, the warrants of arrest will be effected on May 10 2024. Meanwhile I suspended the warrants until May 10, 2024,” said Justice Naikuni.
Justice Naikuni had on March 7, 2024, summoned Nassir to appear in before his court to show why he should not be committed to six months in jail for failing to vacate his officers from a multi-billion 0.2641 hectares land situated along Abdel Nassir Road in Mombasa, a property owned by Innovative Properties Limited.
“That the Petitioner (Innovative Properties Limited) to be at liberty to proceed with the execution of the Court Orders- whereby Notice to Show Cause be and is hereby issued to have the following persons appear in Court on April 24, 2024 to show cause why they should not be committed to civil jail for a period of six months for disobeying this Honourable Court order made vide the judgment delivered on January 27, 2021 by Justice Charles K. Yano and the ensuing decree.
County lawyer Onduso told the court that Nasir and the attorney were out of the country and could not appear in person as summoned by the court.
Onduso said that there was a meeting scheduled between the governor and Innovative Properties Limited on May 2, 2024, to amicably solve the dispute.
Onduso sought for time to solve the matter out of court amicably.
“The Governor and the Attorney are out of the country. But I am instructed there is a meeting scheduled for May 2, 2024, next week to settle on the modalities to comply with the judgement of the court,” said Onduso.
However, Innovative Properties Limited lawyer Willis Oluga said he was not privy of any meeting set for May 2 2024 with the County.
Oluga said his instructions were to apply for warrants of arrest against Nassir and his officers.
“We have had alot of meetings with Waliaula to see if we can solve the dispute amicably, but the County is not serious. I was not aware of the meeting set for May 2, 2024. I apply for warrants of arrest against the three County officers. There is alot of casualty in the manner the County is approaching the matter,” said Oluga.
