Nipate
Forum => Kenya Discussion => Topic started by: Omollo on January 15, 2015, 10:45:41 PM
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Mining Cabinet Secretary Najib Balala has yet again failed to appear in court to explain why he should not be punished for disobeying court orders.
The CS was expected at the High Court yesterday but he sent state lawyer Mwangi Njoroge to inform the court he was unwell.
The lawyer produced a letter showing Balala was “very sick” and he could not present himself before the judge.
Balala was personally expected to appear before Justice Eric Ogola to show cause why he should not be sent to jail for declining to release a confiscated mineral shipment despite having been ordered to do so.
The shipment was seized at the Port of Mombasa in September last year.
The matter was postponed until February 2.
Ogola said an application of contempt of court against Balala will only be heard when he appears before the court.
Yesterday was the third time the Cabinet Secretary failed to honour the summons.
The initial summons was issued on December 5 last year by High Court judge Francis Gikonyo.
Balala was summoned alongside the Commissioner of Mines and Geology Shadrack Kimumo.
Stema Alloys Enterprises, whose goods have been detained by the ministry, filed the suit.
The company went to court complaining that its goods have been confiscated for more than 40 days and the state is not willing to release them as ordered by the court.
The company’s lawyer Fred Athuok told the court the order requiring the CS to release the ship carrying the malachite ore has been disobeyed.
He said the goods continue to waste away.
Athuok said the only alternative was to issue summons against Balala.
Malachite is used to create and improve glass armour and weapons.
The cargo in 12 containers was to be shipped to South Korea, but Balala claimed the owner did not have an export licence.
- See more at: http://www.the-star.co.ke/news/balala-too-sick-be-court-over-mineral-shipment-sizure-says-lawyer#sthash.XdWPmKbY.dpuf
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(1) Where is the export license?
(2) Where is the certificate of origin?
Without Prejudice.