Principal Secretary Ministry of Interior and Co-ordination National Government Dr Karanja Kibicho was on Tuesday jailed in absentia for three months over contempt of court charges.
As a result Justice George Odunga directed Inspector General of Police Joseph Boinnet to immediately arrest the Interior PS and send him to prison to serve his sentence.
Justice Odunga, in his ruling while making the order said the PS is in disobedience of the court order that required him to make payment of Sh 2.6 million awards to a Nyayo House torture victim Michael Danson Mahugu.
Justice Odunga noted that there has been a warrant of arrest against Mr Kibicho which the OCPD Central police station had failed to execute.
The judge further observed that despite an order that the IG executes the order after the OCPD failed to arrest Kibicho the same has not been affected.
READ MORE
PCEA officials to defend themselves in court for ignoring court order
Why we should respect courts even when one is in high office
Masengeli-judiciary standoff points to growing impunity
'Please forgive me': Masengeli prayers to escape prison dashed
However it remains to be seen if the IG will carry out Odunga's orders given it is not the first time in the present matter that he has ordered Kibicho's arrest.
Three years ago, Justice Odunga made the same demand of Boinnet's predecessor David Kimaiyo in similar circumstances.
Just like Kibicho, the then IG (Kimaiyo) failed to obey the court summons to explain why a proven victim of police brutality had yet to receive compensation years after the award was made.
Justice Odunga had on October 13 directed the Officer in-charge of the Central Police Division to arrest Kibicho and deliver him to court to explain why Sh2.6 million in compensation is yet to be paid to the victim of the infamous Nyayo House 'torture chambers' close to three years after the award was made, 13 years after Mahugu moved to court and 29 years since the torture which the court established was inflicted.
"The law is clear that the PS is entrusted to carry out constitutional mandate which according to the court's view has failed to fulfill as required" Justice Odunga ruled.
Yesterday Dr Kibicho had been ordered to appear in court but the PS did not turned up prompting the court not to extend the same order but order for his arrest.
Justice Odunga had ordered Boinnet to personally execute the warrant of arrest against PS, but as of yesterday no proper explanation had been given to the court as to why the same has not been done.
"The court hereby directs the IG with immediate effect to arrest the PS for disobeying court orders and ensure he serves his jail term," Justice Odunga said.
The warrant against the PS was first issued on October 13, after he refused to comply with the court order issued on 5 December 2015 compelling him to pay Sh 2.647,019 to Mahungu.
The judgment to pay the torture victim was issued on February 11, 2014 and after Mahungu's several attempts to have the money paid to him were unsuccessful.
Later, he chose to file an application to compel the PS to comply with the judgment of the court.
Mahungu through his lawyer Kinuthia Wandaka lodged the petition in the High Court in 2013 seeking compensation for damages from the government through the Attorney General.
The lawyer said the petition was allowed by the court and judgment entered in his favor and was awarded the amount with interest plus cost of the suit.
During the hearing of the petition, the lawyer had told the court that Mr Mahugu was tortured by the special branch officers at Nyayo house and later in one of the country's prisons in 1987.
