Senior deputy solicitor-general Muthoni Kimani. Photo/FILE
By PETER NG’ETICH pngetich@ke.nationmedia.com
Posted Wednesday, February 8 2012 at 22:30
Posted Wednesday, February 8 2012 at 22:30
The government has paid out more than Sh100 million to people tortured in Nyayo House dungeons. It may also lose other cases due to lack of cooperation between the Attorney-General’s office and other ministries.
Senior deputy solicitor-general Muthoni Kimani said the government was losing most of the cases filed by torture victims because it did not put up a strong defence.
In an interview with the Nation, Ms Kimani said the damages paid out averaged Sh2.5 million.
The State’s troubles are compounded by the fact that the office cannot defend the government well because some of the alleged perpetrators are dead.
“There are no records to pin-point alleged torturers and some of them are already dead,” Ms Kimani said.
Information hidden
The government’s principal legal adviser said they were also losing cases filed by litigants whose title deeds had been cancelled by the Ministry of Lands. The AG’s office is handling 100 such cases.
“The Ministry of Lands has not been furnishing us with information, making us lose some of the cases,” she said.
The lack of cooperation between her office and other ministries is such that State counsel appear in court without any documents to defend the State.
This is even after seeking several adjournments. Despite courts giving them enough time, the government ends up losing the cases.
“When we ask for information from ministries and it takes more than seven days, we run out of excuses to tell judges and end up losing,” she said.
Last month, the government held a workshop for various senior officers organised by the Ministry of Constitution Affairs to discuss the ways in which it can save the money it is paying in lawsuits.
Ms Kimani said by December last year, about 365 cases on rights and interpretation of the law had been filed by litigants.
She warned senior government officers not to contravene the Constitution, saying that they would be sued in their individual capacity.
“The government will not shoulder the responsibility any more,” she said.
Exposed to lawsuits
The solicitor-general also asked the ministries of Housing, Roads and Transport to implement various Acts touching on their ministries especially those on people with disabilities. The State can be sued in future if they do not.
“Ramps have not been provided in various roads and buildings while vehicles don’t have special seats for them. This may expose us to lawsuits,” she said.
She cautioned that laws touching on human rights were sensitive and every government officer should read them carefully.
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