BY NT CORRESPONDENT.
University of Embu (UoEM) Chancellor, Professor Paul Musili Wambua and Explorer Holding limited has filed a fresh application seeking to halt his pending arrest and prosecution over issuance of bouncing cheques worth Sh 20 million.
The Chancellor filed the certificate of urgency application after the high court on Tuesday dismissed a similar application with cost after himself and his lawyer failed to turn up in court.
“In the absence of the plaintiffs in court to canvass the application, dated 19/12/2016, be and is hereby dismissed, for failure to have it prosecuted” ruled Justice Ochieng.
Musili had filed the previous application at the High Court on 19th December 2016 seeking to restrain Cyrus Maina and company advocates and businessman Kennedy Ngumbau Mulwa from seeking his arrest and prosecution.
He was allegedly supposed to pay the Sh10 million on June 15, 2016 but he issued postdated cheques worth Sh20 Million.
Musila is further accused of giving unconditional and irrevocable personal Guarantee dated June 9, 2016 to Ngambau undertaking to pay him Sh20 million together with the interest within 30 days from the date of release.
He sought to restrain Cyrus Maina and company advocates and businessman Kennedy Ngumbau from seeking his arrest and prosecution.
Cyrus Maina and Company advocates and businessman Kennedy Ngumbau have already instituted criminal proceedings against the Professor.
In the current application Musili through Lawyer Martin Gitonga, claims that failure to attend the hearing of the said application was inadvertent and a mistake on the advocates part due to a mishap with recording of the said hearing date in the firm’s diary which was mistakenly listed as 23 February this year instead of 21 February.
The law firm of Musili says they remain willing and ready to prosecute their application despite its advocates’ inadvertent failure to attend the hearing of February 21.
“I have always been willing, ready and diligent to defend this suit as is demonstrable from our past attendances in court evident from the proceedings,” said the Professor in the suit.
The court had issued orders on December 22 last year barring any arrest of the applicant arising from the dishonor of the cheques in issue following the suit.
However the orders stood discharged after the suit was dismissed. Musili now seeks to have that application reinstated and admitted for hearing immediately.
He also seeks to have orders issued by Ochieng dismissing the application be set aside.
In the suit, the Professor says he acted as a guarantor to one of his client, Explorer Holdings International Limited who obtained a loan of Sh 10 million from businessman Kennedy Ngumbau Mulwa who was being represented by Cyrus Maina and Company Advocates.
However, his client Explorer Holdings and Businessman Kennedy Mulwa met mutually and agreed that Explorer holdings would issue its own cheques amounting to sh 12.3 million to the said Businessman.
