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Lawyer, Elkana Mogaka, outside the Mombasa High Court. Photo/Courtesy
Lawyer, Elkana Mogaka, outside the Mombasa High Court. Photo/Courtesy


By TWN Team

In a twist of events in the court case between Arn Security Consultants & Training Services Limited (plaintiff) and Mawingo Construction Limited (defendant), warrants of arrest have been issued to the OCS Changamwe Police Station, his colleague the OCPD Changamwe Police Station, the directors of the plaintiff, the directors of Matriz Moves Kenya Ltd, and the directors of Sure Auctioneers.

This comes after the aforementioned parties did not obey court orders issued on June 20, 2024, by a Mombasa Chief Magistrate Court.

Magistrate L. K. Gatheru ordered the release of the motor vehicle, registration number KBR 037D, to the defendant by consent of the parties, but the order was not effected.

The OCS and OCPD, Changamwe Police Station, were ordered to assist with the compliance of the orders, which the two police officers did not comply with.

The order also stated that “the defendant be allowed uninterrupted access into the premises of Matriz Moves Kenya Ltd, being the yard and/or agent of Sure Auctioneers,” to effect the court’s orders of June 7, 2024.

“That other issues on opening a joint account in the names of the advocate on record is allowed,” read the orders. “The funds can be deposited in that account, that is, plus the balances of the decretal sum.”

Following these occurrences, the defendant, Mawingo Construction Limited, through their lawyer, Elkana Mogaka of Elkana Mogaka & Associates Advocates, has applied for the motion to be certified as urgent, heard ex parte, and service be dispensed with in the first instance.

In the motion, lawyer Elkana Mogaka prays that “the Honorable Court does find the OCS and OCPD Changamwe Police Station in contempt of court.”

In his affidavit on behalf of the defendant, Clive Erkine, director of Mawingo Construction Limited, accuses the plaintiff, Arn Security Consultants & Training Services Limited, of acting in contempt of court orders and the OCS Changamwe Police Station of acting in contempt and blatant disregard of the orders.

“That the defendant/applicant’s attempts to have the motor vehicle KBR 037D released to them have been in vain,” read the affidavit.

In the new orders dated June 26, 2024, the court has certified this application as urgent, and it will be served in three days. The chief magistrate, L. K. Gatheru, said the hearing of the application will be on July 3, 2024.

Earlier, the ruling of the case was set for July 27, 2024.

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