The High Court has ordered Defence Principal Secretary Kirimi Kaberia to appear before the court and prove why action should not be taken against him over the failure to pay Sh5 million to former military officer Silvanus Otieno.
Justice George Odunga has ordered the PS to be available on 8th November when the matter will be mentioned.
An arrest warrant had been issued earlier against the PS but the judge was however told by the police that they were unable to trace him.
Odunga issued the warrant two weeks ago after Otieno informed the court that the PS who is the accounting officer at the Defence Ministry had not complied with the orders issued in July 2014 requiring him to pay him in damages for unlawful termination of contract.
He was given a special assignment in July 2006 over a function in Nakuru.
The following year he was charged with eight counts related to disobedience to standing orders of the Armed Forces Act.
Although some of the allegations were withdrawn, a committee that investigated him found him guilty of four allegations relating to flouting procurement regulations.
Eventually, he was retired on pension in September of the same year.
Aggrieved by the decision, he sued the State arguing that his termination was in breach of his terms and condition of service and was sacked by malice.