It has emerged in court that the Ministry of Defence is financially constrained and has a debt of over Sh4 billion owed to different individuals and entities emanating from court decrees and for which "it is struggling to settle".
The PS has been summoned by Judge John Chigiti to personally appear before court on June 23, 2025 at 11.00AM to explain why he should not be cited in contempt.
He is accused of disobeying the court order issued more than five years ago on July 25, 2018 directing the Ministry to pay the damages. The compensation award was made to the ex-soldiers on February 15, 2012.
Judge Chigiti rejected an explanation by the PS that the failure to pay the ex-soldiers had been occasioned by the financial austerity measures which are circumstances beyond his control.
"This court appreciates the fact that payments by Government Ministries and Agencies rely on yearly budgetary allocations which are approved by the National Assembly. However, there must be a time when the allocations to decree holders are reached in the allocation cycles. This must not be after seven years. This court is of the view that this amounts to a refusal to comply with the court order," said the judge.
The decision came barely a month after the judge issued similar summons to the PS in a separate case involving another group of ten ex-military officers, who have not been paid Sh134 million compensation related to violation of their rights in the failed coup.
The two groups were attached to the Kenya Air force and were dismissed from service after the attempted military coup in August 1982.
A Kenya Air Force rebel on top of a car addresses a crowd at Kariobangi Petrol Station on August 1, 1982.
Photo credit: File | Nation Media Group
"The Principal Secretary does not deny knowledge of the decree orders or the amount owed. The decree holders have a legitimate expectation that they shall accept and enjoy the fruit of the judgment. The decree is more than seven years old. The unreasonable delay offends the applicants legitimate expectation that they would enjoy the fruits of the judgment," said the judge.
The initial award to the ten soldiers in the current case was Sh23.5 million but has increased to Sh68.8 million due to interests and other costs.
"Though financial austerity measures are an imperative in the running of the finances of the Government, the numerous budgetary cycles must not leave decree holders in limbo indefinitely," said Justice Chigiti in a ruling delivered on Friday at the High Court Judicial Review division in Milimani Nairobi.
Explaining to court why he should not be subjected to contempt proceedings, Mr Mariru said the Ministry has a debt of Sh4 billion stemming from court decrees.
It was his case that from when he took over as Accounting Officer in the Ministry of Defence, "he has been made aware that the Ministry has several decrees exceeding Sh4 billion for which it is struggling to settle due to financial constraints even despite deliberations by the Senate".
In his affidavit dated February 2, 2025, the PS further indicated that he could not be accountable for what the Ministry of Defence is allocated by Parliament.
He said that since there was no allocation from Parliament to settle the outstanding claims, it would be manifestly unjust for him to be held in contempt of court orders when he neither controls nor determines government funding for the same.
PS Mariru stated that the instant judgment and order had never been taken to his attention and he had in no way ignored, disobeyed or acted contrary to any orders as alleged.
The ten former soldiers were awarded different amounts for the wrongs committed against them such as unlawful arrest, detention and dismissal from the Kenya Armed Forces in the events that followed the abortive coup.
In their application, the former soldiers wanted court to commit the PS to prison for a period of six months or fined out of his own personal money.
