NAIROBI provincial police boss Anthony Kibuchi has ordered that Philip Moi, son of retired President Moi, should be arrested on sight if spotted by any police officer. Officers from Muthaiga police station yesterday afternoon went to Philip's residence but did not find him. On Monday and Tuesday the officer in charge of the Muthaiga police station refused to receive the court order and and arrest warrant for Philip.
The High Court last Friday issued the arrest warrant for Philip so that he could be held for one month in civil jail at the Industrial Area Prison. Last year Philip was ordered to pay his wife Rosanna Pluda and their two children Sh250,000 per month in maintenance. But Philip refused saying he could not afford it. Justice GBM Kariuki said Philip had indicated he was able to make the payments but was refusing to abide by the court order.
Kibuchi yesterday said he wanted to verify the court order before executing the arrest warrant. Process servers on Tuesday were forced to pin the court order on the wall of Muthaiga police station after the officer in charge Johnstone Wanyama refused to receive it. Kibuchi yesterday confirmed that he had received and authenticated the warrant of arrest and ordered all OCSs to put it into effect immediately. "The OCS has my blessings to execute the warrant, " Kibuchi said in his letter to Rosanna's lawyer Judy Thongori yesterday. Thongori had written to protest that the police were unwilling to arrest Philip.
In her letter, Thongori said the court order was instructing not Kibuchi but the officer in charge of the nearest police station to Philip's residence which is in Muthaiga. The High Court order instructed Philip to pay his estranged wife Sh250,000 per month until their divorce case is settled. The amount has accumulated to Sh2 million since it was issued eight months ago. "The Kasarani OCPD brought me the warrant of arrest that had been stuck on a pillar at Muthaiga police station and l have instructed all OCSs to effect the warrant and arrest him whenever he is found. It is a court order and police must comply with it. I believe he will be arrested wherever he will be," Kibuchi wrote to Thongori.
He explained that all court orders had first to be presented to his office for "administrative action" and "authentication". Philip is now arguing that Sh250,000 per month is excessive and beyond what Rosanna was accustomed to during their married life. He said he now depends on his pension as an Army major and handouts from family and friends. However this was dismissed by the court as he did not present any evidence to refute Rosanna's claim that he owns properties in Nairobi, Mombasa and abroad; has local and foreign bank accounts; and also owns various businesses.
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