Court issues arrest warrant for Mombasa Finance executive over Sh151m debt

The High Court has issued a warrant of arrest against Mombasa’s Finance executive over failure to pay a Sh151 million court award to Kooba Kenya Limited.

Justice Jairus Ngaah ordered the Officer in Charge of Mombasa Central Police Station to arrest the County Executive Committee Member for Finance and bring him before the court unless the outstanding decretal sum and interest are paid, for failure to obey various orders to pay the firm.

The warrant issued by Justice Ngaah states that Sh151 million awarded to Kooba Kenya Limited, together with interest of Sh3,397,240.65, remains unpaid.

“Whereas Mombasa County Executive Member for Finance was adjudged by Decree of this Court in the above-mentioned suit, dated June 24, 2026, to comply with court orders issued on June 14, 2024 to pay the applicant KOOBA K Limited the decretal sum of Sh151,000,000, and interest of Sh3,397,240.65 remains unpaid in respect of the said decree,” the warrant states.

The court directed the police to arrest the official and, unless he pays the outstanding amount, bring him before the court with all convenient speed.

The warrant further requires the executing officer to return it to the court, indicating when and how it was executed or explaining why it could not be executed.

The latest court decision to arrest the finance official follows a prolonged legal battle between Kooba Kenya Limited and the county government over compensation arising from delays in approving infrastructure for a proposed data centre in Mombasa.

In a judgment delivered on March 10, 2022, the High Court awarded Kooba Kenya Limited Sh151 million in compensation, interest at court rates from the date of judgment and costs of the petition.

The dispute arose after the company complained that delays by the county government in approving the required infrastructure had frustrated its plan to establish a data centre.

In the judgment, the court noted that the project was intended to serve businesses and institutions requiring data storage and internet infrastructure.

The delays allegedly undermined the company’s commercial prospects as a competing facility proceeded to become operational.

The company had initially sought substantially higher compensation, but the court found that Sh151 million was an adequate award in the circumstances.

The dispute subsequently moved to judicial review proceedings, culminating in an order issued on June 14, 2024, requiring the county’s Finance executive to facilitate payment of the decree.

In a ruling delivered on February 25, 2025, Justice Olga Sewe found the Finance executive in contempt of the court order and directed him to appear personally to show cause why he should not be punished.

The executive later sought permission to appeal against the contempt finding and asked the court to halt execution proceedings.

In opposing the application, Kooba Kenya Limited director Richard Bell filed a replying affidavit challenging the executive’s attempt to stop execution of the contempt ruling.

Bell traced the dispute from the original compensation award to the judicial review proceedings in which the court ordered the Finance executive to facilitate payment of the Sh151 million decree, together with interest and costs.

He maintained that the official had failed to comply with the June 14, 2024 orders despite the court’s intervention, prompting contempt proceedings and an order requiring him to appear personally to explain why he should not be punished.

Bell also challenged the executive’s claim that he was unaware of the date when Justice Sewe delivered the contempt ruling on February 25, 2025.

He argued that court dates were available through the Judiciary’s Court Tracking System, which the official and his advocates could access, disputing the explanation for the delay in pursuing an appeal.

The company further argued that the intended appeal had not been shown to have reasonable prospects of success and that the executive had failed to demonstrate substantial loss or adequately explain the delay in filing his appeal.

Kooba also sought the executive’s arrest and committal to civil jail for a period not exceeding six months or until he purged the contempt by complying with the court orders.

In a ruling delivered on February 20, 2026, Justice Ngaah granted the executive leave to appeal against the contempt decision but declined to stay execution at that stage, finding that the appeal had not yet been filed.