Editor's Review

  • Moi was supposed to pay Sh1.8 million to her ex-wife Plada in their divorce case. 
  • The OSC persistently failed to execute the order. 

A senior police is set to appear in court over failure to arrest Philip Moi.

High Court Judge Aggrey Muchelule has summoned Muthaiga Police Station OCS over failure to arrest Moi following a successful application by ex-wife Rossana Pluda.

The OCS should appear in court on February 25.

Pluda had told court that the OCS was ordered to arrest Philip for failing to pay her Sh1.8 million, part of legal fees she was awarded in a suit against him.

Pluda informed the court that her process server Willy Velle served the warrant of arrest through the regional police commander on May 12, 2019.

Philip is said to have persisted in his defiance until May 21 when his advocates sent a letter saying he was willing to pay in installment of Sh500,000.

On July 30, 2019, Philip's advocates forwarded a cheque of Sh500,000 being the first installment.

As of December 11, they forwarded a cheque of Sh500,000, adding up to Sh1 million. The balance was Sh1.8 million.

Pluda claims Philip has no intention of settling the balance and the OCS has failed to arrest him.

The order to pay the money to Pluda was issued on February 18, 2019, but Philip did not pay, forcing the woman to go back to court.

On April 9, 2019, the court issued a warrant of arrest against Philip and directed that it be executed by the OCS Muthaiga police station.

But two years later Philip has yet to pay the money, neither has he been arrested.

In June 2019, Philip sought to lift the warrant of arrest against him saying he had surrendered the house in Watamu valued at Sh140 million to Pluda.

"Jailing me will affect me adversely. It is only fair and just that we be allowed to resolve our differences outside the conventional adjudication process," he had said.

Philip had also said in his affidavit that his constitutional rights to liberty and legitimate expectation are threatened.

He had said that he will suffer and be humiliated if the arrest warrant was executed.