George Wainaina, the judgment debtor in a long-running commercial dispute, is facing possible arrest after the High Court declined to stop enforcement proceedings over an outstanding Ksh22,065,000 debt.
In a ruling delivered at the Milimani High Court, Justice Moses Ado dismissed Wainaina’s application seeking leave to appeal and a stay of execution of warrant of arrest issued against him, allowing the decree holders to proceed with enforcement.
The case involves Rajendra Ratilal Sanghani and Granada Trading Company Limited, in case number H.C.COMM/E092/2019, who obtained a consent judgment against Wainaina in October 2023 for the full settlement of the debt.
Wainaina had argued that he had made substantial payments toward the decretal sum, claiming to have settled about Ksh17 million and requesting more time to clear the balance. He further maintained that civil jail should only be used as a last resort, warning that incarceration would hinder his ability to complete payment.
However, the decree holders disputed the figures, stating that only Ksh9 million had been paid, leaving a balance of over Ksh13 million. They also told the court that Wainaina had repeatedly defaulted on agreed monthly instalments of Ksh1 million and failed to honour a sworn undertaking to clear the debt within three months.
Court records show that Wainaina complied with instalment payments only up to August 2024 before defaulting, despite being granted multiple extensions and indulgences.
In dismissing the application, Justice Ado criticised the debtor’s conduct, noting that he had persistently failed to comply with court orders and obligations.
“Courts exist to resolve disputes conclusively, not to perpetuate them,” the judge stated, adding that the application lacked merit and amounted to an attempt to delay execution.
The court further held that Wainaina had not demonstrated any arguable grounds for appeal, effectively shutting the door on his attempt to halt the arrest warrants.
“The absence of an arguable appeal renders the application for stay untenable,” the court ruled.
The application was dismissed with costs, clearing the way for the decree holders to proceed with execution, including the enforcement of arrest warrants against the debtor.
