POLICE Commissioner Mathew Iteere has been directed to arrest and detain Philip Moi at Industrial Area Prison for failing to pay maintenance and child support to his estranged wife, Rosanna Pluda.
This is the third time that the High Court has issued a warrant of arrest against former President Moi's son for failing to pay maintenance. Rosanna went to court early last month saying that Moi has reneged in paying the monthly maintenance.
She said that she was suffering "circumstances and economic hardship" and that "informed the application that gave rise to the orders and which are still extant".
Rosanna said the court had already found that Philip was capable of meeting his financial obligations but was unwilling to do so. The arrest warrant order was served on Iteere on October 18 but has not been effected to date. Philip is still free.
"But to date, the Commissioner of Police has refused and or failed to execute the warrants in total disregard of the court order," reads part of the application made by Rosanna's lawyer, Judy Thongori, last week.
She told Justice GBM Kariuki that Philip was still at large and that the police had not made any efforts to respect the court's directive. "The respondent's actions have been inequitable and he has not demonstrated any respect for the rule of law and subsequent to the issuance of the warrant of arrest, has made no effort at compliance," said Thongori.
Last month, Rosanna and Philip agreed to reduce her maintenance from Sh250,000 per month to Sh200,000 after one of their children turned 18. The outstanding arrears for September and October totalled Sh400,000.
In August, Philip reluctantly agreed to pay his estranged wife arrears of Sh8.1 million that had accumulated since last year. He paid to avoid being arrested and sent to civil jail.
He also agreed to pay Sh250,000 monthly maintenance starting on September 1. In March, police refused to receive the arrest warrant issued by Justice Kariuki ordering Philip's arrest and imprisonment for one month at Industrial Area Prison.
The warrant was lifted temporarily by Justice Nicholas Ombija after Philip informed him that he had settled part of the amount due. The warrant was reinstated in June after several applications filed by Philip challenging the payments were rejected.
In the order served on Iteere and the Muthaiga police station, the court directed them to arrest Philip and detain him in civil jail at the Industrial Court.
"You are further required to return this warrant to this court with an endorsement certifying the day and manner in which it was executed or the reasons why it has not been executed," reads part of the order.