Attorney General Justin Muturi has been summoned to personally appear before the High Court in Machakos to explain why the government has failed to compensate a widower over the killing of his wife in 2005.
Justice Francis Rayola directed Muturi to present himself on court in December and show cause why a court directive issued in 2020 has not been complied with.
Justice Rayola also summoned the Chief Finance Officer at Attorney General’s office to appear in court on the same day.
In the matter, Leonard Mackenzie, the widower and administrator of the estate of Joyce Mumo Mackenzie has been pursuing Sh3.574.370, granted to him by the High Court in 2012.
Through lawyer Kethi Kilonzo, Mackenzie said he obtained further court orders in 2021 compelling the then Interior PS Karanja Kibicho to pay the money or be committed to civil jail for six months.
And despite serving the Attorney General and Interior PS with the court order, the family is yet to be compensated.
“Attorney General as the chief government legal advisor is under a statutory obligation to satisfy a judgement made by the Court against a government department,” Mackenzie told the court through lawyer Kethi.
She said the Attorney General was served with a notice on 24th November 2020 and he is aware of the directive given by the court and the consequences of disobeying it having been served with the Order.
Lawyer Kethi told the court that AG has disregarded the Court Order and denied Mackenzie the fruits of the judgement.
“It is only in the interest of Justice and the protection of the sanctity of the Courts and the Rule of Law that this application should subsequently instituted Judicial Review proceedings in the nature of Mandamus against the state,” lawyer Kethi told the judge.
