Solicitor-General Ken Ogeto wants kitty for legal payouts

The Attorney General is pushing for a special fund to cater for legal compensation claims.

Solicitor-General Ken Ogeto said the State Law Office was having difficulties clearing compensation demands because of a lack of special reserve for the payments.

People who have won damages against the State have always complained of delays in compensation, with the office of the AG facing accusations of not taking up the matters with the relevant authorities.

He said the Government was not to blame for the delays, adding that the creation of the fund will help speed up settlement of the claims.

“We must always appreciate that there are financial challenges everywhere and what we are trying to do to address the matter is by creating a kitty within the office of the AG,” he said in Kisumu.

“Under this, we will be able to pool resources so that whenever we have judgment against the government, regardless of the ministry, we are able to get funds from the kitty to settle the compensation in time,” he said.

LITIGATIONS

Traditionally, the Office of the Attorney-General, under which the Solictor-General serves, is the one that battles any litigations brought against the government.

As such, it is one often ordered to pay up whenever damages are directed by the courts.

Some of the notorious cases involve the infamous torture chambers of the Moi era. Most of the politicians illegally detained without trial went on to sue for damages.

And while courts gave such orders, most of the beneficiaries, such as Mr Kenneth Matiba, went to their graves without receiving a cent.

Mr Ogeto did not elaborate how such a fund will work, only indicating officials were still drafting the policy which may eventually require legal backup in Parliament.

If such a fund is set up, it may see millions of money owed to claimants settled. It may also enable the government to challenge the compensations if it feels unsatisfied with the outcome.

BRIBES

Mr Ogeto, who is on a countrywide familiarisation tour of offices under the AG, also sounded a warning to employees within the department against demanding bribes before offering services to Kenyans, saying they will not be spared the government’s ongoing onslaught on graft.

“We cannot be asking for bribes because the public expects that we do not get involved in acts of corruption. Part of what I will be doing in this tour is to make it clear to our staff that we are not going to tolerate acts of corruption and we must provide our services strictly within the law,” said Mr Ogeto as he promised to ensure that the office of the AG discharges it mandate efficiently.

Among the places he visited are the Judiciary offices and the AG’s chambers where he engaged the public on legal procedures.

And, speaking in Uasin Gishu county, Mr Ogeto decried low budget allocation from the Treasury which, he said, is hampering discharge of the mandate of the State Law Office.

INCREASE BUDGET

The Solicitor-General said the State Law Office was engaging Treasury and Parliament in a bid to increase its budget for its presence to be felt in line with the spirit of devolution.

“Lack of adequate resources has made the government not get well represented compared to private counsel who are well paid and have enough resources. Our counsel are seriously handicapped. Parliament should ensure we get adequate financing to defend the government,” said Mr Ogeto

Mr Ogeto said that in the 2018/2019 financial year, the AG’s office had asked for Sh11.5 billion but was only allocated Sh5.5 billion.

“Parliament should realise the crucial role we play as the defender of the government. We cannot adequately discharge our mandate if we are not well financed,” said Mr Ogeto.

He said this has also affected the quality of investigations.