POLICE yesterday said the court order to arrest Philip Moi is not a priority at the moment. Nairobi provincial boss Anthony Kibuchi said the priority is security for the visiting Prime Minister Meles Zenawi of Ethiopia and President Salva Kiir of South Sudan. "His arrest is not a priority because we have three heads of state for whom we must provide security. He will be arrested eventually but we are now busy," Kibuchi said yesterday afternoon. "I have given an order to all police stations. What do you want me to tell you? Do you know where he is? Do you have an agenda against Moi?" posed Kibuchi.
The High Court ordered two weeks ago that Philip be arrested and committed for one month to the Industrial Area civil debtors prison for refusing to pay maintenance to his estranged wife Rosanna Pluda. Philip is said to be in Nairobi Hospital. Contacted yesterday, lawyer Judy Thongori representing Rosanna, expressed concern at the delay by the police in executing the order. "I am writing to the Commissioner of Police asking him to intervene in having the order executed. It is worrying that an express order such as this one can still not be implemented yet my client is suffering," Thongori said. Last week Kibuchi eventually instructed all OCSs to arrest Philip on sight.
The businessman and son of former President Moi checked into Nairobi Hospital's North Wing on Monday complaining of an undisclosed ailment immediately after returning from an overseas trip. He has not been receiving visitors. "No known family member has visited him but one man has been coming to the room everyday and chatting with him before leaving. I don't know whom he is," hospital sources said.
Meanwhile, Appeals judge Wanjiru Karanja yesterday disqualified herself from hearing an appeal by Philip to suspend the arrest warrant and one-month civil jail sentence. She excused herself saying she had handled the matter when she was in the High Court. Philip’s appeal will now have to be placed before another appeal judge to determine whether to lift the warrant of arrest.
Justice GBM Kariuki ordered his arrest on February 16 for disobeying a court order requiring him to pay Sh250,000 monthly upkeep fees to his estranged wife and their two children. The judge said Philip's failure to remit the money is not because he cannot afford but he just decided to disobey court orders. Justice Kariuki observed that civil jail deprives the debtor of freedom in the hope that he will pay to regain it.
In his ruling the judge said it is regrettable that Philip has failed to shoulder his obligation as a husband and a father. However, Philip in his appeal declared that the decision to lock him up contravenes his constitutional rights and should be reversed. Philip complained of bias on the part of Kariuki. Philip argued that both parties in marriage are equal under the new constitution so Rosanna ought to pay him instead.
Last year Justice Roselyne Nambuye ruled in favour of Rosanna ordering him to pay her Sh250,000 per month for her upkeep and the maintenance of their two children. The judge also ordered Philip to pay Sh2.7 million he owes Rosanna. Last week Philip paid Sh540,000 but Rosanna says it was not enough as there is still a balance of Sh7.1 million accumulated since last year. Thongori said Philip would still be liable for arrest unless he paid the amount owed in full.
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