By Andrew Kariuki
George Wainaina, the judgment debtor in a protracted commercial dispute, is facing possible arrest after the High Court declined to halt enforcement proceedings over an outstanding Ksh22,065,000 debt.
In a ruling at the Milimani High Court, Justice Moses Ado dismissed Wainaina’s application for leave to appeal and a stay of execution of arrest warrants, effectively allowing the decree holders to proceed with enforcement.
The dispute, filed as H.C.COMM/E092/2019, involves Rajendra Ratilal Sanghani and Granada Trading Company Limited, who secured a consent judgment in October 2023 requiring full settlement of the debt.
Wainaina had argued that he had made significant payments towards the decretal sum, claiming to have settled about Ksh17 million and seeking additional time to clear the balance. He also maintained that civil jail should be a last resort, warning that incarceration would hinder his ability to raise the remaining funds.
However, the decree holders disputed the claims, stating that only Ksh9 million had been paid, leaving an outstanding balance exceeding Ksh13 million. They further told the court that Wainaina had defaulted on agreed monthly instalments of Ksh1 million and failed to honour a sworn undertaking to settle the debt within three months.
Court records show that Wainaina complied with the instalment plan only up to August 2024 before defaulting, despite being granted multiple extensions.
In dismissing the application, Justice Ado criticised the debtor’s conduct, stating that repeated failure to comply with court orders undermines the judicial process.
“Courts exist to resolve disputes conclusively, not to perpetuate them,” the judge stated, adding that the application lacked merit and appeared aimed at delaying execution.
The court further found that Wainaina had not demonstrated any arguable grounds for appeal, effectively blocking his attempt to stop the arrest warrants.
“The absence of an arguable appeal renders the application for stay untenable,” the court ruled.
The application was dismissed with costs, paving the way for the decree holders to proceed with execution, including enforcement of the arrest warrants.
