Machakos High Court on Wednesday ordered the Inspector General (IG) of police David Kimaiyo to appear before the court in person or delegate within two weeks or face arrest.
The order was issued during the hearing of a case involving Nguruman Limited and Shompole Group Ranch in which both claim the ownership of the ranch.
The Inspector General has defied court orders to appear before the court three times an act which prompted the lawyer for Nguruman Limited Ahmed Abdinasir to make an application to the court for the arrest of Kimaiyo on Tuesday.
During the Wednesday hearing, Magistrate Charles Kariuki ordered Kimaiyo to appear before the court in a fortnight or an arrest warrant will be issued against him.
The lawyer representing the IG told the court that Kimaiyo was not defying court orders intentionally but he was busy with issues concerning the nations’ security.
“By honouring the summon, Kimaiyo will be respecting the law that he defends,” said Judge Kariuki.
Lawyer Ahmed Abdinasir added that the police should not fear arresting Kimaiyo in the event that he fails to owner the court summon.
The IG has failed to evict more than 40,000 people occupying the 67,000 acres of disputed land in Narok and Kajiado Counties.
Governor for Kajiado County David Nkedianye, Moses Ole Sakuda (MP Kajiado West), Joseph Nkaissery (MP Kajiado Central), Peris Tobiko (MP Kajiado East) and Kajiado County Senator Peter Ole Mosiet are also accused of incitement.
The case will be heard on December 5 2014.