All directors and top managers of a city bank risk being jailed for defying a court order relating to a commercial transaction.
And as a consequence, Justice P J Otieno has directed John M Gachora, the group managing director NIC Bank Kenya #ticker:NIC, and directors of the lender to appear before him on Wednesday to show cause why they should not be punished for alleged defiance of court orders.
Justice Otieno had on December 18, 2018 directed the bank to release a Sh7 million Toyota Land Cruiser to lawyer William Arusei who had bought it through the bank.
“Unless the NIC Bank PLC agents/directors, auctioneer Gachoki Gathogo and officials of Car Max (EA) Ltd are arrested immediately to show cause why they should not be committed to prison for disobedience of court order the vehicle will be sold and whole court process shall be defeated and rendered a sham ,” Mr Atonga told Justice Otieno.
The judge heard his orders will be deliberately frustrated and the rule of law and justice obscured by the bank, Mr Gathogo and Car Max (EA) Ltd who have been named as defendants. Instead of the vehicle being handed over to Mr Arusei, it was taken away from the driver and his lawyer Sethna Atonga.