Deputy solicitor general found guilty of contempt

The High Court in Nairobi has found Deputy Solicitor General Muthoni Kimani guilty of contempt of court.

Justice David Onyancha found Muthoni guilty for failing to pay a victim of torture Gitau Mwara Sh4.7 million as directed by High Court judges.

In her mitigation, Ms Kimani pleaded with the court not to pass sentence immediately, but to give her time to consult with her boss and pay the aggrieved victim the compensation within 14 days.

Judge Onyancha allowed her 14 days to ensure the full amount is paid to the torture victim before the sentence is passed on May 25.

Muthoni was released on Sh1 million personal bond pending sentencing.

Political detainee

She is accused of disobeying a court order issued on May 3, 2013, that directed compensation of the torture victim, after the judge found that Mwara was tortured at Kamiti Maximum Prison between October 8, 1990 and June, 1993 while he was unlawfully incarcerated there.

In the case filed at the Nairobi Chief Magistrates,  Mwara had also accused the deputy solicitor general of abuse of office and conspiracy to defeat justice.

The lawyer, a former political detainee, also wants Kimani's future application for the position of solicitor general rejected by the Public Service Commission.

Mwara was arrested and detained at Kamiti Maximum Security Prison between October 1990 and June 1992 over political activities.

He later sued the State for violation of his rights. In June 2010, the High Court awarded Mwara Sh4,749,122 as compensation.

The case underscores the struggle between former political detainees and the Attorney General over payment of millions of shillings awarded as damages for violation of human rights.