AG Kihara blunder earns family Sh7m payout
Failure by the Attorney General to defend a public school in court in a land ownership dispute has earned a Nyandarua family Sh7 million, unearthing glaring improprieties in the State Law Office.
The evidence in court shows that the Office of the Attorney General headed by Mr Kihara Kariuki failed to defend Silibwet Primary school in a case filed against it by John Macharia Mwangi, whose land was compulsorily acquired by the government 53 years ago.
Mr Mwangi was awarded Sh7 million by the Environment and Lands Court in Nyahururu as compensation and profits for his 11-acre parcel acquired by the government to build the school in 1965.
The Attorney General failed to represent the school in court despite having been served with the suit papers and a hearing notice on March 19, 2018.
Justice Mary Oundo also noted that no explanation was given as to why there was no appearance on the many occasions the matter was called in court for mention or for hearing.
Though the AG’s office insisted it had filed their defence and counter claim on behalf of the school, Justice Oundo found they had deliberately failed to attend the hearing and prosecute the case.
According to Justice Oundo, the AG’s office refused to present itself in court and no evidence was placed on the record even by way of witness statements or documents.
“The office did not demonstrate sufficient cause why they never appeared in court on the several occasions the matter came up for mention or hearing,” the judge said.
While dismissing the Attorney General’s application to set aside the court’s ruling dated October 4, 2018, Justice Oundo said no reasons were advanced to allow the request.
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