Court summons AG, his finance officer over Sh3 million award

Attorney General Justin Muturi. [Elvis Ogina, Standard]

The High Court in Machakos has summoned the Attorney General for failing to obey a court order to pay a man over Sh3 million compensation award.

Justice Rayola Olel ordered AG Justin Muturi to appear in court in person on December 18.

“Summons are issued to the Attorney General to personally come to court and show cause why court orders have not been complied with. Similarly, the Chief Finance Officer at the Attorney General is also personally summoned to attend court and show cause why they have failed to comply with this court orders,” read the orders.

The summons were issued following an application by Leonard Mackenzie, who sued as the administrator of the estate of the late Joyce Mumo Mackenzie.

Mackenzie, through Kilonzo & Company Advocates firm, noted that on October 15, 2012, Justice E Ogola delivered a judgement in their favour.

Mackenzie said the AG and the Principal Secretary in the Ministry for Interior and Coordination of National Government have disobeyed a court order that directed him to be paid Sh3,574,370.86.

Penal notice

He noted that the AG was served with a penal notice dated November 23, 2020, but is yet to settle the amount.

In July 2021, Mackenzie sought orders to have Interior PS committed to civil jail for not more than six months for disobeying a court order.

Mackenzie, on March 4, 2020, moved to court seeking orders to compel the AG and the PS to effect payment of the Sh3, 574,370.86 awarded in High Court Civil Case No. 135 of 2008 as damages, costs, and accrued interest.

The amount was awarded in a case in which Makenzie told the court that Mumo, the deceased, on February 2, 2005, while driving her worker to the hospital, was shot dead by three police officers.

Following the death of Mumo, an inquest was carried out by the Resident Magistrate’s Court at Tawa.

On August 7, 2007, the court made the orders that the cause of death was established and linked to the shootout by the three police officers who fired their guns at the scene, adding that no evidence was adduced to show who among the three officers shot the deceased.

The inquest added that there was no evidence to show that the action by the three officers was unlawful or actuated by malice aforethought that would warrant a charge of murder.