Evans Oanda, Mombasa County’s Finance CEC and Chief Officer, is currently being held at Industrial Area Prison in Nairobi following his arrest for contempt of court. The arrest warrant was issued by High Court Justice J. Ngaah on May 31, 2024, at the request of Murage Juma and Company Advocates, who represent Associated Automobile Distributors Limited.
“You are hereby directed to arrest the said Chief Officer Finance, Mombasa County Government and bring before this court to show cause why they should not be committed to jail for six months or for such other period that the court may prescribe, not exceeding six months,” said Ngaah in his May ruling.
“You are further ordered to return the warrant with an endorsement certifying the date and manner in which it has been executed or reasons as to why it has not been executed.”
Oanda is expected to be arraigned on Friday, August 23, as per a warrant of commitment to remand confirming his detention.
“This is to authorise and command you receive the accused into your custody and to produce the said accused in court at 9:00 am, or soon thereafter on August 23, 2024,” the document signed on August 22 reads.
Evans Oanda was arrested for not remitting a debt of Ksh.17,751,529.10, plus interest, owed by the county government to Associated Automobile Distributors Limited. This debt was to be paid in monthly installments of Ksh.1 million as ordered by the High Court on April 4, 2008. By January 31, 2024, the total amount, including accrued interest, had increased to Ksh.67,557,859.92.
Benjul Gudka, a director at Associated Automobile, initially filed a claim on July 21, 2000, seeking Ksh.13,541,815 from the Mombasa County government, then known as the Municipal Council of Mombasa. A consent judgment was entered on March 10, 2004, for this amount plus costs and interest, with the defendant agreeing to pay Ksh.500,000 per month starting April 11, 2004.
On September 22, 2006, a Mandamus order was issued against the Town Clerk of the predecessor to the current respondent, requiring payment of Ksh.14,369,625.25 plus accrued interest at court rates (12% per annum) from August 1, 2004, until full payment. Subsequently, on March 21, 2010, a warrant for the arrest of the Town Clerk of the Municipal Council of Mombasa was issued for failing to pay the monthly installments of Ksh.1,000,000 as ordered on April 4, 2008.
