Court orders arrest of Nairobi businessman over Sh4.1m debt



 


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A Nakuru court has issued a warrant of arrest against Nairobi businessman Pius Mbugua Ngugi over unpaid court dues amounting to more than Sh4.1 million.

The warrant was issued by Deputy Registrar Cynthia Mercy Muhoro of the Environment and Land Court, who directed the OCS at Nairobi Central Police Station to execute the order in accordance with Order 22 Rule 32.

According to the court, Ngugi was directed by a decree dated 9th May, 2025, to pay Githogori & Harrison Associates Advocates LLP a sum of Sh3,710,630 or face a jail term of six months.

Court records show the decretal amount stands at Sh3,710,630, with interest of Sh475,948 and further costs of Sh5,500.

Court collection fees of Sh1,500 were also added, bringing the total to Sh4,193,578.

The order also outlines expenses payable to the executing officer, including transport costs, noting that these “have been guaranteed by the decree-holder’s advocates and will be paid out on application to the court.”

The dispute arose from legal services rendered by Githogori & Harrison Associates Advocates LLP, who represented Ngugi in Environment and Land Court Case No. 72 of 2018.

After the firm taxed its costs, Ngugi claimed he had overpaid Sh479,369.32 and demanded a refund.

Ngugi’s lawyers told the court that he had already overpaid part of the legal fees and asked for a stay of execution, arguing that he should not be forced to pay the taxed amount until the overpayment claim could be resolved in a separate Milimani court case (COMMSU No. E738 of 2025).

The lawyers also suggested that the decretal sum be deposited in a joint interest-bearing account until the matter was determined.

In opposing Ngugi’s application, the advocates argued that the move was an abuse of the court process aimed at reopening matters already determined in the May 9, 2025 ruling, which was neither appealed nor reviewed.

The lawyers told the court that, under Section 51(2) of the Advocates Act, once a certificate of taxation is issued, the court must enter judgment in favour of the advocate.

The court dismissed Ngugi’s application on September 25, 2025, ruling that it lacked jurisdiction to interfere with the matter and describing his attempt to challenge the decree in a separate suit as an abuse of process.

“The law is clear that once costs are taxed, a certificate of costs issued, and no appeal or review is lodged, the court must enter judgment in favour of the advocate,” Justice Anthony Ombwayo ruled.

The warrant was issued on January 30, 2026.