Defence PS Mariru risks arrest over Sh25.4 million ex-Air Force soldiers’ payout
The soldiers said they were “victims of arbitrary arrests, unlawful detention without trial, torture, inhuman and degrading treatment and punishment between August 1, 1982 and March 1983”.
Defence Principal Secretary Patrick Mariru is at the centre of a High Court order that could see him arrested for contempt, after officials in the military reportedly obstructed attempts to serve court papers tied to a Sh25.4 million compensation payout to former soldiers.
The court has now directed the Inspector-General of Police to ensure the order is enforced, following years of delays and resistance from the Ministry of Defence.
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The case stems from claims by 10 ex-Air Force officers who suffered torture, incommunicado detention, and other harsh treatment after the failed 1982 coup attempt.
In their 2012 petition, the soldiers said they were “victims of arbitrary arrests, unlawful detention without trial, torture, inhuman and degrading treatment and punishment between August 1, 1982 and March 1983”.
In May 2016, the High Court awarded the group Sh20.2 million in damages, plus legal costs and interest.
The following March, a full assessment set the sum at Sh25.4 million, and a Certificate of Order was issued against the government.
But enforcing the judgment became a long struggle, as the Ministry of Defence initially argued that it lacked budget approval from Parliament to settle the award.
The court rejected this in 2019, stating that statutory obligations could not be delayed due to budgetary issues and ordered the PS to pay.
Mariru assumed office in 2023 and was later found in contempt for failing to implement the court’s directives.
In July 2024, the High Court issued arrest warrants, originally to be executed by the Officer-in-Charge of the Military Police at Defence Headquarters.
Court bailiffs attempting to deliver the warrant encountered obstruction, being “frustrated and directed from one office to another”, and later resorted to mailing it, which was ignored.
Following these challenges, the petitioners returned to court, requesting that enforcement be shifted to the IG or a subordinate officer.
The judge agreed, emphasising that failure to implement court orders erodes public confidence in the justice system. The PS is now required to appear in court for mitigation and sentencing over his continued non-compliance.
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