An investor seeking to recover Sh154.4 million from the Mombasa County Government wants the Inspector-General of Police Douglas Kanja ordered to ensure the arrest of a county executive committee member over the failure to honour a court decree.
Kooba Kenya Ltd says its efforts to recover the money arising from a botched data centre project have been frustrated by the failure to execute arrest warrants issued against Mombasa County Finance executive Evans Oanda.
In an application set to be heard on November 25, 2026, the company wants the court to direct Mr Kanja to take the necessary steps to ensure the warrants are executed.
The firm says the High Court issued warrants for Mr Oanda's arrest after finding him in contempt of court for failing to comply with orders directing the county government to pay the debt.
The Milimani Law Courts in Nairobi.
Photo credit: Francis Nderitu | Nation Media Group
However, Kooba says the warrants remain unexecuted despite efforts by the Officer Commanding Station (OCS) at Central Police Station in Mombasa.
"The non-execution of the warrants has frustrated the enforcement of the court orders and prejudiced the applicant's efforts to recover the debt," the company says.
It argues that the Inspector-General, as the overall commander of the National Police Service, has the authority to issue lawful directions to officers under his command to facilitate the execution of the warrants.
"The applicant seeks the enforcement of the existing warrants in accordance with the law and does not seek to circumvent the procedural safeguards applicable to arrest and detention in execution of the decree," the company says.
High Court judge Jairus Ngaah certified the application as urgent and directed the respondents to file and serve their responses within seven days of being served, ahead of the November 25 mention.
The latest application is part of a protracted legal battle over the county government's rejection of Kooba's proposal to establish a data colocation centre in Mombasa.
Mr Oanda faces arrest after the Court of Appeal declined to suspend a judgment finding him in contempt of court over the failure to implement orders directing payment to the company.
The dispute dates back to 2017, when the county government declined to approve Kooba's proposed data centre, which the company intended to make the first of its kind in the Greater Eastern Africa region.
In judicial review proceedings, the High Court issued mandatory orders directing the county executive committee member responsible for finance to take steps to facilitate payment.
The county government's failure to comply prompted contempt proceedings against the official responsible for implementing the orders. The court subsequently found Mr Oanda in contempt and issued warrants for his arrest.
Kooba accused the county government and its officials of deliberately disregarding the court orders, saying the continued failure to pay had prolonged the losses suffered by the company.
"The Respondents' flagrant and deliberate disregard of the Court's Orders continues to exacerbate the loss and damage sustained by the ex parte Applicant at the hands of the Respondents," the company said in its contempt application.
It added that the failure to comply had deprived it of the benefits of a judgment intended to compensate it for constitutional violations dating back to 2017.
Through its managing director, Richard Bell, the company argued that the county government's continued defiance of the orders undermined the authority of the Judiciary and the obligation of public officials to obey court decisions.
The county government has made several attempts to challenge the judgment through appeals and applications before the Court of Appeal.
In October 2024, a single judge of the appellate court rejected its application for a stay of execution and an extension of time to file an appeal, prompting the county government to seek a hearing before a three-judge bench.
The appellate court said an extension of time was an equitable remedy granted at the court's discretion after considering the reasons for the delay and the effect on the parties.
The court said an applicant seeking an extension had to provide a satisfactory explanation for the delay and demonstrate grounds warranting the court's intervention.
In a judgment delivered on April 13, 2017, the High Court found that the county government had violated Kooba's right to fair administrative action under Article 47 of the Constitution.
The court awarded the company Sh151 million, together with interest and costs. The costs were subsequently taxed at Sh3.397 million, bringing the amount sought to about Sh154.4 million.
Kooba was established in 2015 to develop and operate a carrier-neutral data colocation centre serving Kenya and the wider Greater Eastern Africa region, including Tanzania, Uganda, Rwanda, Ethiopia, Burundi, the Democratic Republic of Congo, Malawi, South Sudan and Zambia.
The company said the proposed facility would serve multinational corporations, content providers, government agencies and financial institutions that rely on data centres in Europe and other regions.
It acquired land in Mombasa's Kizingo area, citing its strategic location about 200 metres from the Seacon landing station and proximity to the landing points of the TEAMS, LION and EASSY submarine cables.
Mr Bell said the dispute had since grown beyond the company's pursuit of compensation for losses incurred after the project was frustrated.
