ARREST WARRANT AGAINST PROMINENT BUSINESSMAN CAUSES CONCERN IN KENYA
Milimani Commercial Court which sits in Nairobi-Kenya's capital city, has issued a warrant of arrest against the chairman of the disbanded Kanu Action Group (KAG) Micah Kigen over outstanding campaign expenses incurred by the group during the 2002 campaigns.
In a letter dated 30th August 2010 addressed to Deputy Prime Minister Uhuru Kenyatta and signed by Kigen in which he sought the intervention of Uhuru, the Kanu presidential candidate in 2002, he says, "I intimated that the outstanding amount of sh. 1,029,848.80 was the subject of litigation in Civil Case No. 4106 of 2003 against me and that my arrest and committal to civil jail for which notice of execution had been issued".
This was a follow-up letter to an earlier one dated 29th July 2010 to Uhuru, which reads: "I have had to bear the burden of payment singularly, as I was the chairman of KAG and therefore the only tangible authority to be held responsible. Subsequently, I have lost so much property by way of public auction town house and several executive cars. It is in this regard that I initiate the communication to kindly solicit for your personal intercession and assistance, as the national chairman of Kanu in clearing this outstanding amount, so as to spare me this most embarrassing and horrifying experience that I find myself vulnerable to."
The outstanding amount was as a result of campaign materials delivered to KAG but were never paid for.
According to Kigen, being a businessman, the repercussions of being committed to civil jail will be far reaching in damages and irreparable. The letter further reads: "As formerly mentioned, I have had to suffer the humiliation of several public auction targeted against me resulting to loss of prime properties due to unsettled expenses occasioned by this venture. I beseech you to do me the kind turn and rescue me from this undue shame and embarrassment."
Kigen was taken to court after KAG failed to pay Capital Co lours Creative Designs Ltd for services rendered during the 2002 campaigns. The first orders were issued on 6th May 2003 at the Magistrate's Court Nairobi the time which they claimed sh 710,218.40, sh 24,224.40 as advocates fee, sh 36,115 as court fee and sh 1,500 as Court collection fee all totaling to sh 772,057.80
The unpaid invoices are Invoice No. 4946 dated 25/09/2002 for sh 181,672.80, Invoice No. 4950 dated 25/09/2002 for sh 286,150 and Invoice no. 4999 dated 02/10/2002 for sh 25,370. The campaign material supplied included mix and match polo shirts embroiled and screen printed, campaign T-shirts screen printed and campaign caps.
In a letter dated 20th November 2003 addressed to then Kanu Secretary General Julius Ole Sunkuli signed by Tobias Ouko, administration manager Osotho Investments Services which reads: "We have firm instructions from our client Capital Co lours Creative Design Ltd to recover and collect from you a sum of sh 710,218.40 which you owe our client plus 7.5pc debt collection fees. In order for us to be sure that the payment is indeed being considered, our client would only be patient if KANU as the sponsoring party also makes a genuine commitment in writing".
Kanu is the former ruling party in Kenya.
STOP PRESS: KIGEN DECLARES THAT HE IS BEING USED AS A SACRIFICIAL LAMB
Former chairman of the disbanded Kanu Action Group Micah Kigen has declared that he is being used as a sacrificial lamb by some highly placed politicians over the unpaid campaign materials, as he painfully recalled how he went on hunger strike outside the residence of retired President Moi some years back to press for the repayment of sh 13 million he spent during the 2002 electioneering.
At the same time, Kigen who is now the Keiyo South ODM chairman, confirmed that he had received a warrant of his arrest issued by the Milimani Commercial Court over the outstanding campaign expenses incurred by the Group during the campaigns.
"I will not payback these expenses since I do not have the money to do so. I am ready to go to jail over this issue. What I have is only for my family since all my property was auctioned after I spent my millions during the campaigns", Kigen told the press.
He added:
"I am not being malicious! I am patriotic enough. Those after me should consider that I never did anything wrong by campaigning for Kanu and Uhuru Kenyatta as the party's presidential torch bearer in 2002 against President Mwai Kibaki".
Kigen told the press that he had taken all the responsibility of doing the right thing during the campaign to popularize the party and, at the same time, market Uhuru who had all the prospects of becoming the next president after Kibaki at that particular time.
"Let them come and arrest me for doing the right thing in 2002, but not for the wrong thing!" stated an emphatic Kigen.
He asserted that some top politicians were now enjoying as he got sacrificed for no apparent reason.
He vividly recalled the excruciating psychological torture he underwent under the full glare and stare of the media, when he staged a hunger strike outside Moi's home to press for a refund of the expenses which he (Kigen) incurred.
Kigen was taken to court after the Kanu Action Group failed to pay Capital Co lours Creative Designs Limited for services rendered during the 2002 campaigns.
The arrest warrant against Kigen has caused a stir in Kenya's political circles and concern amongst his large number of supporters.