Investor asks court to compel IG to arrest Mombasa Finance CEC over Ksh.151M debt

The company, through its Chief Executive Officer and Director Richard Bell, says it is the decree-holder in the proceedings and has been pursuing enforcement of the court's orders against the CEC Member.

By a ruling delivered on February 25, 2025, Justice Olga Sewe had cited the CEC Member, Department of Finance, Mombasa County Government, for contempt of court orders issued on June 14, 2024, and summoned him to personally attend court to show cause why he should not be punished for contempt. Costs of that application were ordered to be borne by the 1st Respondent.

The court subsequently issued a warrant of arrest against the CEC Member in execution of the decree, directing the officer entrusted with its execution to arrest the judgment debtor and bring him before court, unless the sums specified in the warrant were paid.

The warrant, dated June 26, 2026, specified a decretal sum of Ksh.151,000,000 and interest of Ksh.3,397,240.65, together with the executing officer's expenses and fees, if any.

The warrant was entrusted to the OCS, Central Police Station, Mombasa, for execution, and the applicant's advocates, Oraro & Company Advocates, served the warrant upon the OCS.

Despite issuance of the warrant, Bell says it has not been executed, and the OCS has been unable to effect the arrest.

"The circumstances and steps taken in attempting to execute the warrant are not known to me or to my advocates on record as the OCS has only been responding that the judgment-debtor has been dodging his team, making it difficult to arrest the judgment-debtor," Bell says.

He adds that the OCS has not offered any plausible evidence to show any steps taken to arrest the judgment debtor, while the power to arrest rests with the police.

The applicant says it has not received the full sums specified in the warrant, and the warrant remains unexecuted.

Bell argues that the continued non execution has delayed enforcement of the court's orders and prejudiced the applicant, which has been unable to obtain the benefit of the decree.

He now wants the court to issue further directions requiring the Inspector General of the National Police Service to take the necessary lawful measures to facilitate execution of the existing warrant.

"This Honourable Court needs to act swiftly and decisively so as to reassert its dignity and authority, in the face of such brazen and blatant disregard of its orders," Bell says.

In directions issued on the application dated November 4, 2026, filed under a certificate of urgency, Justice Jairus Ngaah ruled that the court was not satisfied that the application was urgent.

He directed that the application be served for mention for further directions on November 25, 2026. In the meantime, the respondents have been directed to file and serve their response within 7 days of service.