Defence Ministry under fire over Sh2.8 billion in court claims
The Ministry of Defence is under scrutiny over Sh2.8 billion in court claims relating to unfair dismissal, malicious prosecution, road accidents, and human rights violations.
A report by the Auditor-General shows the ministry’s contingent liabilities amount to Sh2,793,356,434 from various legal disputes.
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While appearing before the National Assembly’s Public Accounts Committee (PAC), officials revealed that only Sh20.3 million had been settled and paid to claimants, raising concerns among MPs over the growing financial burden.
“Detailed analysis of the balance provided for audit indicated that the total active court cases amounted to Sh2,813,708, 910. Out of which an amount of Sh20,352,476 was determined and paid during the year leaving an outstanding balance of Sh2,793,356,434. Further, no supporting evidence was provided differentiating between those cases under appeal by the Ministry and other cases that are no longer prosecuted for various reasons and therefore are considered as inactive,” Auditor General Nancy Gathungu said in her 2022/2023 financial year report.
Rarieda MP Otiende Amollo criticised the ministry for spending billions on road accident claims instead of seeking insurance coverage to mitigate costs.
“In the case of accidents, don’t you think you should consider insuring your vehicles so that liability is transferred to an insurance company instead of paying out billions in claims?” he posed.
Funyula MP Wilberforce Oundo echoed similar concerns, questioning why taxpayers were footing the bill for accidents when insurance could have been a cost-effective solution.
Lugari MP Nabii Nabwera questioned why the Defence Ministry continued to lose millions in unfair dismissal cases, arguing that the trend pointed to systemic failures.
“The concern is the amount of money being lost over unfair dismissals. More worrying is that senior officers are being unfairly dismissed and later awarded huge sums by the courts. This shows failure in the system,” he said.
Defence Principal Secretary Patrick Mariru told the committee, chaired by Butere MP Tindi Mwale, that the high court-related expenditure stemmed from ongoing appeals, with the ministry exhausting all legal avenues before making payments.
“Until all court cases are heard and determined, some of the pending bills in terms of contingent liabilities will remain unpaid. Some rulings have involved colossal amounts, forcing us to seek additional allocations from the National Treasury,” Mariru explained.
The committee also raised concerns over the military’s involvement in land disputes amounting to billions of shillings, despite being a government institution.
“The number of land-related disputes is alarming. How is the defence force getting involved in land controversies?” Amollo posed.
Mariru clarified that the Kenya Defence Forces (KDF) was not encroaching on land but had faced claims from the public.
“We have had cases where the public claims that KDF land belongs to them, especially in areas such as Isiolo and Eldoret. When we seek to expand our bases, we find that communities have already settled on the land, leading to conflicts. This is why we need KDF land protected,” he said.
Vice Chief of Defence Forces John Omenda noted that most military land was initially unfenced, allowing encroachment over time.
He added that evictions had become contentious, with some individuals citing burial rights over disputed land.
“Land is an emotive issue in this country. We also have serious flaws around land management that need to be looked at. The defence forces need land for training, but when we try to use it, issues arise regarding public land and other factors,” Omenda said.
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