Dishonest learned friend fighting for his honour

Kenya Judge risks arrest over Sh2m

High Court Judge Mr Justice Mathew Anyara Emukule is fighting an order requiring him to pay two million shillings to a company or face arrest. Photo/PAUL WAWERU

By NATION Correspondent
Posted Wednesday, May 26 2010 at 18:38

In Summary

• Order challenged by Justice Emukule arose out of an application filed by the company over some Sh740,000 given to the judge.

A High Court Judge is fighting an order requiring him to pay two million shillings to a company or face arrest.

High Court judge Mr Justice Mathew Anyara Emukule against whom the judgment was entered says the Sh2 million claimed from him is illegal.

The judge was given temporary order stopping his arrest for 14 days pending the hearing of his case.

He is asking the court to give him temporary orders stopping Kenya National Assurance company (KNAC) from attaching his property or trying to recover the amount from him.

Settle balance

Also sought by the judge is an order to allow him to settle the balance in reasonable monthly instalments.

The order challenged by Justice Emukule arose out of an application filed by the company over some Sh740,000 given to the judge when he was an advocate between the years 1997 and 1998.

It is alleged that he received the money in his professional capacity on behalf of the official receiver as liquidator of KNAC from Kapsabet nursing home. This was supposed to be instalment payments by the nursing home for loan advanced to it by KNAC.

The company claims that the judge in total betrayal of the trust reposed in him by itself as his client failed to account for or remit the money.

Instead, KNAC alleges, the judge converted the money held in trust for his client to his own use.

And as a result, it says, it has suffered loss of Sh740,000.

On his part, the judge says the company obtained the judgment against him in absence of his defence.

Secondly, he says, there is a dispute as to the exact amounts paid to him and what he owes.

And thirdly, the judgment entered against him is of Sh740,000 but the company is seeking to recover Sh2 million from him, he says.

Embarrass

He believes the proceedings to have that amount of money recovered from his is illegal and calculated to embarrass him.

The company had wanted to attach his salary and allowances.

The judge in papers filed in court on May 19, 2010 says there are negotiations going on between him and the company with an aim of settling the matter out of court.

He also says he made part payment of the money and is seeking that he be given an opportunity to have the outstanding issues resolved and right amount of payment determined.

According to the judge, the 23 per cent interest claimed from him by the company is also illegal and was never awarded.

source.nation.ke