1.Upon leave being granted to the Ex Parte applicant, he filed a substantive Judicial Review application dated 18th February 2013. The said application was heard and allowed on 25th April 2014 by Hon. Odero, J. Thereafter, the applicant’s attempts to enforce the order of Mandamus have been futile. The applicant sought the intervention of the Court and was granted a Warrant of Arrest dated against the Permanent Secretary, Provincial Administration and Internal Security by the Deputy Registrar to enforce the payment of Kshs. 853,821/=.
2.The record shows that, as at 6th November 2015, the judgment debt had not been settled. Consequently, the applicant filed a Notice of Motion of even date seeking orders that:
3.In his ruling dated 24th November 2016, Hon. Emukule, J. held that:
4.That the debt was partially settled thereafter is manifest in the Application for Execution of Decree file herein on 6th February 2020. That application shows that an amount of Kshs. 872,912/= was paid leaving a balance of Kshs. 111,117.80. Accordingly, the application applied for a Notice to Show Cause to issue against the Inspector General of Police for his failure to execute the Warrant of Arrest against the Permanent Secretary, Provincial Administration, issued on 13th May 2015. The Notice to Show Cause shows that the sum outstanding at the time of issue was Kshs. 207,200/=.
5.Directions were given thereafter on 23rd March 201 by Hon. Mativo J. (as he then was) that the matter be canvassed by way of written submissions. Accordingly, counsel for the applicant filed his written submissions on 21st September 2022, giving the background of the matter. He urged the Court to find that the Inspector General is in contempt of court in refusing to comply with a valid order of the Court. He therefore sought that the Inspector General be summoned to attend Court to show cause why he should not be committed to civil jail for contempt of court.
6.Mr. Waga relied on Shimmers Plaza Limiteed v National Bank of Kenya Ltd  eKLR; Republic v The Kenya School of Law & Others  eKLR and Republic v Permanent Secretary Office of the President, Ministry of Internal Security & Another  eKLR that court orders must be obeyed in order to maintain the Rule of Law and the principles of good governance as enshrined in Article 10 of the Constitution.
7.The respondents opted to file no submissions. However, Mr. Makuto addressed the Court on 25th January 2023 and confirmed that approvals have been made for payment of this debt; and that all that was awaited was funding.
8.It is manifest from the foregoing that, the Notice to Show Cause is essentially unopposed. A Warrant of Arrest was issued herein which remains unexecuted; and although a substantial portion of the debt has been paid, there is still an outstanding balance which the Permanent Secretary is obliged to pay by dint of Section 21(3) of the Government Proceedings Act. The provision states:
9.I am therefore in total agreement with the expressions of Hon. Odunga, J. (as he then was) in Republic v The Attorney General & Another, Ex-Parte James Alfred Koroso that:
10.It is in the light of the foregoing that I allow the applicant’s application and order that the Inspector General of Police be summoned to appear before this Court to show cause why he should not be committed to civil jail for contempt of court.
It is so ordered.