The Attorney General, Kihara Kariuki, and Interior Principal Secretary, Karanja Kibicho, are staring at a possible jail term over a row that emanated from the fatal shooting of a motorist along the busy Mombasa Road.
AG Kariuki and PS Kibicho were sued by Lucy Nduta over their failure to pay her Ksh5.3 million compensation following the fatal shooting of her kin, Edward Kuria, on September 24, 2009, as he was driving on Mombasa Road.
Nduta filed the case in 2013 as a representative of Kuria's estate arguing that the police used excessive force, breached the procedures regarding the arrest, and acted negligently and illegally.
In 2016, the court ordered that she be compensated, but five years down the line the government is yet to comply with the court's decree.
The High Court cited the AG and PS Kibicho for contempt of court for disobeying an order issued in 2019 by paying her the money.
The court summoned the two to appear before it on September 20 for sentencing regarding the matter.
However, the AG, in his defense, stated that sentencing him and the PS would bring great disrepute to the court.
Kariuki pleaded with the court to extend the time as they wait for the National Treasury to remit the money to Nduta.
"The applicant has demonstrated to the court that they are willing to see it to it that the decree is paid in full," said the AG.
He added that he had reached out to Solicitor General on March 9 through a letter requesting him to urge the PS to settle the amount.
The AG additionally apologised for the inordinate delay in payment and requested an extension of 90 days to settle the dues.
"The punishment for contempt of court is an irreversible event and it's unfair to punish state officers who have demonstrated that they are carrying on their duties in accordance with the judgment and court orders," the AG stated in his court submission.
In his application, Karikui was further pushing to strike out his name and that of the PS from the cases they did not have the capacity to honour the decree.
He defended Kibicho saying that he is protected from personal liability in his capacity and that the suit was a non-starter.
