15 September 2011

Kenya: Nyamweya Moves to Stop Arrest Warrant

Kenya Football Federation chairman Sam Nyamweya has asked a Nairobi court to dismiss a warrant of arrest issued against him over a loan he took from the collapsed Pan African Bank, saying it was wrongly issued.

Nyamweya argues that although he took a loan of Sh599,149 from the bank in 1992, there was no need for a warrant since he had already paid a 'substantial' amount of money and had offered to settle the balance in monthly instalments.

Nyamweya went to court to file an application seeking to lift the warrant. The matter was to be heard yesterday but was adjourned to September 22. The bank successfully applied for the arrest warrant claiming that the KFF boss failed to settle the amount which had since increased to Sh1.5 million over the last two decades.

According to court documents, the arrest warrant was issued on June 23 but signed on July 7 by the senior deputy registrar of the High Court. The dispute arose out of Sh599,149 debt Nyamweya was ordered to pay by the court 19 years ago. He was also ordered to pay Sh32,375 as cost of the suit.

Nyamweya acknowledges that he took the loan in 1992. The new figure of Sh1.5million was arrived at after interest was charged at 23 per cent per annum since 1992. Nyamweya has asked the court to lift the warrant and allow him settle the money in monthly installments of Sh50,000. In his application the KFF chairman alleges that the sum being claimed has been compromised and adjusted by an agreement signed between the parties in March.

He further complained that the warrant exceeds the amount agreed after deductions of the amount paid. In the suit papers Nyamweya said he has made various payments and had a balance of Sh950,000 which was to be paid in 60 days. He admits that he could not raise the money within the said two months and proposed to repay the balance by installments until he settles it. While seeking protection from the court, Nyamweya said he fears that the police might arrest him and commit him to civil jail.

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