Following his inability to pay a Sh2.3 million debt, the High Court in Nairobi issued a warrant for Stanley Muiruri Muthama, Lamu West MP’s arrest on Friday.
The deputy registrar of the High Court directed the officers commanding Parliament and Lamu police stations to arrest the legislator and bring him to court over the debt his company – Stansha Ltd – owes Saunett Enterprises.
The debt resulted from a deal in which Saunett supplied materials and hardware on various dates in the years 2014 and 2015.
The warrant states that the MP has paid Sh6.7 million but has failed to pay the remaining balance of Sh2.3 million despite having committed to pay the bill in installments.
“Whereas the sum remains unpaid in respect of the said decree, these [orders] are to command you to arrest the said J/D (Mr. Muthama) and unless they shall pay to you the sum of Kshs2,277,469 … together with executing officer’s fees, if any, to bring the said judgment-debtor before the court with all convenient speed,” the warrant reads.
The MP disobeyed High Court judge Alfred Mabeya’s directive to make the required payment on November 8 of last year, according to Saunett Enterprises’ petition to the registrar.
The director of Saunett Enterprises, Ms. Alice Cheruiyot, claimed via his attorney, Robinson Kigen, that the court had warned that an arrest warrant would be issued in the event of failure.
The arrangement, which was documented and approved in court, stated that if any one payment fell behind schedule, the full sum would be owed, and a warrant for Mr. Muthama’s arrest would be issued automatically.
“Mr. Muthama and his company, Stansha Limited, have persistently breached the consent (agreement). They have failed to pay a sum that was due on April 1, 2022,” Mr. Kigen said.
Since Mr. Muthama proved he was unable to pay the entire amount in one go due to financial difficulties, the installment agreement was accepted.
He notified the court in an affidavit dated August 23, 2021, that his company shut down in 2019 due to Sh36.2 million in unpaid taxes.
If he were to be detained and sent to a civil jail, Mr. Muthama said, he would suffer irreparable harm and his name would be ruined.
Stansha made installments towards its initial Sh17.3 million debt to Saunet. On October 14, 2022, there remained a balance of Sh8.9 million. The legislator paid the remaining Sh6.7 million, leaving a balance of Sh2.27 million.