Nyong'o, Munyes to benefit from over sh160m-court rules

By Evelyn Kwamboka

The High Court has now issued a certificate compelling the State to pay two cabinet ministers and other politicians more than Sh160 million.

Medical Services Minister Anyang' Nyong'o, his Labour colleague John Munyes and nine others are to receive the money awarded to them by the East African Court of Justice.

It was awarded to them in August following their victory in a case in which they challenged nomination of Kenyan representatives to East African Legislative Assembly in 2006.

Senior Principal Litigation Counsel Anthony Ombwayo on behalf of Attorney General Amos Wako signed the consent and the politicians’ advocate, Mr TJ Kajwang’, before Lady Justice Kalpan Rawal.

Also in the consent that was signed on Thursday, the court adopted execution of a decree issued in August by EACJ.

Medical Services Minister Anyang' Nyong'o [Picture/Standard]
The Sh160 million decree has been accruing interest at the rate of 14 percent per annum since December 19, 2008.

Consolidated fund

However, Ombwayo told the court he was not given instructions on what date the money is be paid from the consolidated fund.

In his application before the court, Kajwang’ said the ruling and decree awarded to his clients by five judges from EACJ was final and binding.

In the EACJ landmark judgement delivered in August in Nairobi, 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.

Bill of costs

EACJ 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.

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.

Ogoola said the AG failed to produce any documentary evidence that he was having consultations with Parliament and Cabinet.