The Parliamentary Committee on Justice and Legal Affairs (JLAC) has raised concerns over a Ksh1.2 trillion bill the government stares owing to lawsuits filed against the state that will call for payment.
According to JLAC, the several lawsuits have a potential of resulting into the said amount, excluding an additional pending award of Ksh81 billion.
The committee noted that the amount was accounted for 12 per cent of the country's Gross Domestic Product (GDP) which stands at Ksh11.3 trillion (USD 100billion), or an equivalent of 71 per cent of the annual taxes collected (Ksh1.5 trillion).
JLAC stated that an inter-ministerial committee was chaired by the Solicitor General, Kennedy Ogeto to address the potential crises. The committee had made recommendations to the Cabinet which is expected to make a decision on the same.
"There have been positive steps taken in addressing the pending court awards through an inter-ministerial committee chaired by the Solicitor-General to address this perennial challenge and the recommendations are awaiting Cabinet consideration,” stated the Committee.
The majority of the huge legal bill arose from moneys awarded to victims of torture during retired President, the late Daniel Arap Moi's era, who demanded compensation from the government.
Among the biggest claimants is the late veteran politician, Kenneth Matiba, who was awarded Ksh978 million. Matiba sued the state on several grounds among them the deterioration of his health when he was being held at the infamous Nyayo Chambers.
He also claimed that he lost businesses and property worth Ksh5 billion at the time of his detention. This includes a hotel franchise, Alliance Hotels, Hillcrest School, public trading shares and dividends. The amount that has grown to Ksh1.5 billion in interests.
Other entities which have legal suits against the government are victims of police brutality and individuals as well as companies which have taken the state to court.
For instance, in 2019, Quinter Amondi was awarded Ksh14million by court after she was hit by a stray bullet. Amondi was caught in the line of fire after a prison warden in hot pursuit of an escaped convict shot at him as he tried to hide among a group of students during a sports event.
In 2010, the High Court ruled that Kenyan authorities had violated the fundamental rights of 21 former political prisoners subjected to torture, awarding them Sh40 million in compensation. Seven victims of police brutality in 1997 were awarded Ksh28 million in damages twenty years later.
Among the beneficiaries is an uncle of veteran politician Koigi wa Wamwere who noted that the compensation was long overdue and commended the move to make amends for the torture of innocent people.
