Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-06 12:43:44
The High Court is set to prioritize the hearing of an application by two activists who are seeking to hold the Principal Secretary for National Treasury and Planning, Chris Kiptoo, and the Principal Secretary in the Ministry of Transport, Mohamed Daghar, in contempt of court. Justice Olga Sewe has stated that the contempt application will be given priority due to the fact that it involves disobedience of court orders.
The activists, Khelef Khalifa and Wanjiru Gikonyo, are requesting the court to summon the two PSs to appear before it and show cause why they should not be jailed or punished for contempt of court.
The court had previously ordered the government to provide the two activists with contracts related to the construction of the Standard Gauge Railway (SGR) project. Additionally, it issued a declaration that the failure of the Attorney-General and principal secretaries in the Ministries of Transport and National Treasury to provide and publish the requested information was a violation of the right to access information.
In their application, the activists are seeking for the two PSs to be imprisoned for six months or punished in such manner as the court may determine for the alleged contempt of court. They claim that the respondents have deliberately disobeyed the court orders despite being served with the orders and decree. The applicants have made follow-ups and reminders to the respondents to release the information sought, but they have persistently failed to comply with the court orders.
The applicants argue that the constitutional provisions on accountability are binding on all public officers, and it is essential that the respondents are held accountable for their actions while in office. Furthermore, they urge the court to hear the contempt application as a matter of priority.
The court had also declared that the respondents’ failure to provide the requested information and publish it based on Khalifa’s application dated December 16, 2019, was a breach of Article 10 of the Constitution.
The petitioners had argued that documents relating to the SGR project and its financing had not been made public, despite it being the most expensive project undertaken by the government. They stated that the project has been shrouded in controversy and secrecy from its inception.
The application is set to be mentioned on March 14, and the High Court will prioritize the hearing of the contempt application due to the seriousness of disobedience of court orders. This case serves as an example of the importance of holding public officers accountable and ensuring transparency in government projects.
Read the original article on Daily Nation
