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
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.
MAHUGU WAS TORTURED AT THE INFAMOUS NYAYO HOUSE TORTURE CHAMBERS