Kenya's top military officers obtain orders to gag The Standard

By Evelyn Kwamboka

Ten Kenya's senior military officers are to enjoy orders gagging The Standard from publishing information on a Sh1.6 billion tender for the supply of vehicles, until December.

The High Court extended the interim gagging orders on Thursday after adopting a consent signed by advocates representing parties in the suit.

In the consent, the parties agreed to file and serve their documents by December 16, when an application seeking to bar the newspaper from publishing any articles pending hearing and determination of the main case, will come up for hearing.

Justice George Dulu said the concept was adopted as an order of the court.

Justice John Mwera certified the case filed by soldiers from the ranks of brigadier to colonel, as urgent last week.

The officers are Brigadiers Kenneth Dindi, Arthur Owuor, Josephat Bukhala, Colonels Hosea Oduor, George Kabugi and Major Herbert Kiprotich.

Others are Mr Edward Murimi, Zedekiah Ogendi and Charles Muhia.

Referring to several affidavits including one sworn by Chief of General Staff General Jeremiah Kianga, their advocate, Mr Desterio Oyatsi argued that the contract in question does not exist.

Not opened letter

He said the Ministry of Defence has not opened the Letter of Credit for the payment of goods under the said contract for the simple reason that the contract does not exist.

In his affidavit, Dindi who is an advocate at the Kenya Armed Forces claimed he was not aware of any challenge or appeal filed against the award of the tender referred to in three articles published.

Dindi said the contract committee was constituted when the tendering process was over and for the sole purpose of negotiating only the terms of contract.

The committee held negotiations with the tenderer on October 7 and 8 and the Ministerial Tender Committee met and approved the procurement a week later.

He claimed a letter containing the ministerial tender committee minutes, draft contract agreement and the tenderer’s confidential business questionnaire were delivered to the Attorney General’s Office on October 25.

Dindi and the other officers now claim the articles published were false and portrayed them as corrupt officers who ought to be in prison.

General Kianga also denied claims that the Department of Defence had issued a Letter of Credit to a South African firm.

"I did not cancel a letter of credit in the sum of Sh800 million or any sum at all issued by DoD to the South African company," he said.

In their complaint filed in court, the officers will be seeking general damages and a permanent injunction stopping the company from publishing articles touching on corruption against them