DEPUTY SOLICITOR GENERAL MUTHONI KIMANI ESCAPES PUNISHMENT FOR FAILURE TO PAY LAWYER SH5MILLION COMPENSATION.
Lawyer Kioko Kilikumi for Deputy Solicitor General Muthoni Kimani(center) and her lawyer Judy Kwishero leaving Milimani law Courts after Muthoni Kimani escaped jail by a whisker after she was freed on personal bond of one million shillings for contempt of court.
BY SAM ALFAN.
Deputy Solicitor General Muthoni Kimani escaped jail by a whisker after she was freed on personal bond of one million shillings for contempt of court.
Justice David Onyancha found her guilty for failing to pay a torture chamber victim advocate Gitau Mwara Sh 4.7 million as directed by high court judges.
In her mitigation, Muthoni pleaded with the court not to pass sentence immediately but to give her time to advise her boss the solicitor general so that they pay the aggrieved victim the compensation within 14 days.
Judge Onyancha allowed Muthoni 14 days to ensure that the full amount is paid to the torture victim before sentence is passed against her on 25th May 2015.
Before getting off the hook, Justice David Onyancha who was hearing the suit ordered her to pay Mwara Sh4.7 million he is entitled due to a judgment which was entered in his favor five years ago.
A visibly shaken Kimani sighed with relief after the court gave her a reprieve in which the hunter became the hunted after disobeying several court orders after she was asked to show cause why she should not be jailed.
On April 13, when she was supposed to appear before the judge, she indicated that she was on an official function in Doha, Qatar. On April 28, her representative said she was in Eritrea for another government job.
Muthoni who was required to appear in person today for court contempt was accused of defiance, disregard and disobedience of court orders which should have entitled Mwara paid the money by the State.
On June 15, 1993, Mwara sued the then Attorney General Amos Wako as the principal legal advisor of the government.
In his suit, he says between October 8, 1990 and June 24, 1992, he was incarcerated at Kamiti Maximum Prison while.
While at the prison, he claims that he was kept in a solitary cell in Block 9 lit by a low voltage bulb for 24 hours, which led to his eyesight to deteriorate.
“During the incarceration, I was fed on a poor diet and as a result, I suffered poor eyesight resulting in my poor health,” Mwara who was then aged 26 years said.
He said for his first five months, he was stripped naked, made to wear lice infested prison uniform and locked up except for 15 minutes each day of sunshine.
“I had no toilet facility save for a plastic bowl kept in the cells. I was fed on ugali, sukumawiki and beans on a daily basis which traumatised me and I cannot at the moment eat the meals because of the past bad memory,” he said.
But on October 4, 1993, Wako filed a defence comprising of general denials to Mwara’s allegation.
“For one reason or another, the trial did not begin until November 28, 2005 before justice Jacktone Ojwang. I had three witnesses including myself and closed my case on May 29, 2007,” he said.
After several judges heard the case, justice Abida Aroni on June 9, 2010 awarded him Sh2 million as general damages, Sh8,100 as special damages, Sh2 million as exemplary damages and the rest being the cost of the suit.
The case will be heard on May 25 when she is expected to have purged the contempt.