High-Stakes Secrecy: Chris Kiptoo and Mohamed Daghar Face Jail Over Hidden SGR Contracts
The High Court will prioritize the consideration of an application filed by two activists who are seeking to bring Principal Secretary for National Treasury and Planning, Chris Kiptoo, and his counterpart in the Ministry of Transport, Mohamed Daghar, before the court on charges of contempt.
Justice Olga Sewe emphasized that the contempt application would be prioritized due to its association with the defiance of court orders.
Khelef Khalifa and Wanjiru Gikonyo are requesting the court to summon the two Permanent Secretaries, compelling them to provide reasons as to why they should not face imprisonment or other penalties for being in contempt of court.
The government was instructed by the court to furnish the two activists with documents about the Standard Gauge Railway (SGR) project’s construction contracts.
It additionally issued a directive stating that the Attorney-General and principal secretaries in the Ministries of Transport and National Treasury were in breach of the right to access information due to their failure to furnish and publicly disclose the requested information.
The two advocates are advocating for the two individuals to face either a six-month imprisonment or any other form of punishment as deemed appropriate by the court for the alleged contempt of court.
“The respondents have deliberately disobeyed the orders of this court issued on May 16, 2022, despite having been served with the orders and decree,” part of the application states.
The applicants assert that they have consistently followed up and reminded the respondents to provide the requested information and adhere to the court’s decree and orders. Despite these efforts, the respondents have continuously neglected and declined to comply with the court’s directives.
“The act of the respondent refusing to heed to the orders of the court is purely on the basis for the position which they presently hold and the interest of justice in the circumstances of the case may require the court to issue a suspended sentence, which will take effect immediately on the day they vacate offices in the public service,” the application states.
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As per the applicants, public officers are obligated to adhere to the constitutional provisions regarding accountability.
They also contend that holding the respondents responsible for their actions during their term is crucial. This includes the possibility of imposing penalties for instances of contempt of court committed while in office, with the penalty enforced upon leaving the position when deemed necessary.
Attorney Willis Otieno, representing the petitioners, had requested the court to give immediate attention to the contempt application.
The court additionally stated that the respondents’ violation of Article 10 of the Constitution occurred due to their failure to furnish the requested information and publish it by Khalifa’s application dated December 16, 2019.
The individuals filing the petition contended that information concerning the project and its funding had not been disclosed to the public, even though it was the government’s most costly undertaking.
“The SGR is the largest capital-intensive infrastructure project ever constructed in the country, but despite this extraordinary expenditure of public funds, the project has been undertaken with controversy and secrecy from its inception,” they argued in their petition.
The petition is scheduled to be mentioned on March 14.
High-Stakes Secrecy: Chris Kiptoo and Mohamed Daghar Face Jail Over Hidden SGR Contracts
