A warrant of arrest issued against Kenyan Defence Principal Secretary (Assistant Minister) Kirimi Kaberia has been extended after he skipped court for the second time.

The police officer charged with execution of the warrant told the court here Monday that he had not been able to gain access to Kaberia and therefore had been being unable to arrest him.

Presiding Judge George Odunga insisted that Kaberia must appear in court in person to show cause why action cannot be taken against him for failing to pay a former soldier 5.0 million shillings (about 49,400 US dollars) awarded to him by the court in July 2014.

Justice Odunga on Oct 10, 2016, issued a warrant of arrest against Kaberia after former lieutenant-colonel Sylvanus Otieno Odiang’a complained that Kaberia, who is the accounting officer in the Defence Ministry, had not complied with the order issued in July 2014 which required him to be paid 5.0 million shillings in damages for unlawful termination of his commission in 2007.

The former lieutenant-colonel sued the Attorney-General on behalf of the State for defence following the dismissal. He told the court of an incident in July 2006 in which he was accused of flouting procurement regulations after which he was retired on pension in September of the same year.

Aggrieved by the decision, Otieno sued the state arguing that his termination was in breach of his terms and condition of service and was actuated by malice. It was his contention that given his rank of lieutenant-colonel, his commission could only be terminated by the president.

In July 2014 Justice Linet Ndolo of the Labour court held that his superiors mishandled his case and she set aside the criminal proceedings.

Justice Odunga has directed Kaberia to confirm settlement of the ex-officer’s claim. Judge Odunga further ordered that Kaberia avail himself in court on Nov 8, 2016 when the matter will be mentioned to confirm compliance of the orders issued by the labour court even after he was told that the officer is away in Italy on official duty.