Wajir Governor Mohamed Abdi Mahamud’s wife Kheira Maalim Omar risks arrest for failing to settle a Sh74 million debt.
Kheira has been given seven days to offset the millions she owes three businessmen who leased a premise from her in 2008 but never took possession.
The three businessmen paid her Sh40 million to lease a building in Eastleigh, Nairobi, for a period of 10 years, even though she had already sold the building to another person months earlier.
The three, through their lawyer Ahmednasir Abdullahi, have given the ultimatum to the governor’s wife or else execute a warrant of arrest against her.
“We have instructions to demand from you, which we hereby do, that you pay the said sum in its entirety within the next seven days, failure to which we shall proceed to execute the warrants of arrest and committal to civil jail,” the letter dated November 29, 2017 reads in part.
On November 16, 2015, the High Court ordered her to pay the Sh40 million together with interest, cost of execution and court collection fee amounting to Sh73,718,384.00. The amount now stands at Sh74,191,318.00.
On February 17, 2016, the High Court issued warrants of arrest after the three; Abdirizak Ahmed Mohamed, Andirahama Harah Maalim and Al Noor Dube successfully applied for the same.
This followed a decision by former judge Justice Leonard Njagi that established that Kheira had obtained Sh40 million from the three as payment of a lease, yet she had sold the building to another person for Sh110 million.
The three on January 31, 2008 signed a lease agreement with her over plot No 36/2/4 (GLA No 9782) situated in Nairobi Eastleigh and commonly known as Liban Shopping Complex in which Kheira agreed to lease property to them.
“The plaintiffs upon the execution of the said agreement and in accordance with clause 3 of the said agreement paid the defendant on diverse dates the sum of Sh40,000,000, which monies was a deposit to specifically secure the full lease period, and which receipt thereof was duly acknowledged by Kheira,” the court ruled.
The lease agreement between the three and Kheira for which they paid her Sh40 million was for a fixed term of 10 years running from the date of the lease agreement.
However, unknown to them at the time of the agreement and even when Kheira received the monies from them, the building had already been sold to a third party on or about November 1, 2007.