Ministers get Sh160m court award

By Evelyn Kwamboka

Two Cabinet Minister will get Sh160 million from the Government following a ruling by the East African Court of Justice.

The State will pay from the consolidated fund for contravening the law. The minister and nine other people will benefit from the award, which Attorney General Amos Wako has been opposed to since 2008.

Medical Services Minister Anyang’ Nyong’o, his Labour colleague John Munyes and the nine got relief yesterday after five East Africa Court of Justice appellate judges dismissed the AG’s appeal against the award.

The award on costs was given in 2008 after the group won a case they filed challenging nomination of Kenyan representatives to the East African Legislative Assembly in 2006.

Futile attempts

In the landmark judgement, Justice James Ogoola said the decision was to bring to end the AG’s numerous attempts to stop the award.

"Justice demands the successful litigants should enjoy the fruits of their litigation, and that both litigants should rest from the trauma of unending litigation. There must be an end to litigation," he said.

Ogoola said the payment would result to the rule of law and to the enforcement of judgements, which any law-abiding ship of State is anchored.

Ogoola read the judgement prepared along with Harold Nsekela, Philip Tunoi, Emily Kayitesi and Laurent Nzosaba. The case had been filed against the AG.

The registrar of the court taxed the bill of costs filed by Mutula Kilonzo & Company Advocates from Sh5.6 million to Sh160 million.

The AG, who was aggrieved by the decision, delayed in lodging an appeal, forcing him to seek an extension of time from the First Instance Court.

The court declined and the AG moved to East Africa’s Appeal Court. Here, the AG also filed papers late, but was given a hearing, which led to the current court decision.

Later condensed

In his appeal that contained 14 grounds later condensed to four, the AG claimed he delayed in serving the respondents with the memorandum of appeal because he was having consultation with the National Assembly and other Cabinet ministers.

He said the First Instant Court judge misapplied the law on discretion in discussing the explanation on consultations.

Yesterday, Ogoola said the Attorney General failed to produce any documentary evidence that he was having consultations with Parliament and Cabinet.