PS Kibi­cho gets 3-month jail term for de­fy­ing court

In­te­rior PS was yes­ter­day jailed for de­fy­ing orders to pay a tor­ture vic­tim. Dis­pute arises from a com­pen­sa­tion suit filed against the state

The Star (Kenya) - - Politics Judiciary - CA­ROLE MAINA @MainaCa­role

In­te­rior PS Karanja Kibi­cho was yes­ter­day jailed for three months for de­fy­ing court orders re­quir­ing him to pay a tor­ture vic­tim.

Jus­tice Ge­orge Odunga or­dered In­spec­tor Gen­eral of Po­lice Joseph Boin­net to ar­rest Kibi­cho and send him to pri­son im­me­di­ately.

Odunga pun­ished the PS af­ter he re­fused to ap­pear be­fore him for two con­sec­u­tive days, de­spite be­ing sum­moned.

“Court orders are to be obeyed and the PS has com­pletely dis­obeyed them,” Odunga said.

The judge had ear­lier asked the PS to go to court on Mon­day, but Kibi­cho’s lawyer said he was in a meet­ing.

Odunga then di­rected the par­ties to go back yes­ter­day, but he still did not show up.

The dis­pute arises from a com­pen­sa­tion suit filed against the state by Michael Ma- hugu, a vic­tim of tor­ture, in 2003.

Through his lawyer Kin­uthia Wan­daka, Mahugu sought com­pen­sa­tion for dam­ages from the gov­ern­ment through the At­tor­ney Gen­eral.

Wan­daka said Mahugu was tor­tured by Special Branch of­fi­cers at Nyayo House and later in pri­son in 1987 be­fore he was re­leased.

On Fe­bru­ary 11, 2014, the High Court found that he was un­law­fully in­car­cer­ated and ruled in his favour.

The court awarded Mahugu Sh2,647,019 with in­ter­est, plus costs of the suit.

How­ever, his at­tempts to get the money from the state did not bear fruit, prompt­ing him to go back to court seek­ing to com­pel the PS to com­ply with the judg­ment.

On Oc­to­ber 13, the court is­sued a war­rant of ar­rest against Kibi­cho af­ter he re­fused to com­ply with an or­der is­sued on De­cem­ber 5, 2015, com­pelling him to pay Mahugu.

Is­su­ing the war­rants, the court di­rected the Cen­tral po­lice sta­tion OCPD to ef­fect the orders. The High Court or­dered Boin­net to ex­e­cute a war­rant for Kibi­cho’s ar­rest in Oc­to­ber per­son­ally.

The or­der was is­sued for Kibi­cho to ex­plain why he should not be pun­ished for fail­ing to com­ply with a court or­der.

Odunga is­sued an ar­rest or­der against for­mer In­spec­tor Gen­eral of Po­lice David Ki­maiyo over Mahugu’s com­pen­sa­tion.

How­ever, like Kibi­cho, Ki­maiyo did not obey the sum­mons to ex­plain why Mahugu has not been com­pen­sated, even af­ter the rul­ing was is­sued.

Mahugu is a vic­tim of the in­fa­mous Nyayo House tor­ture cham­bers. He moved to court 13 years ago and 29 years since the tor­ture was in­flicted.

“The law is clear that the PS is en­trusted to carry out the con­sti­tu­tional man­date, which, ac­cord­ing to the court’s view, he has failed to ful­fill as re­quired,” Odunga said.

Mahugu chose to file a case to have the PS or­dered to com­ply with the judg­ment.


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