NAIROBI, Kenya, May 6 – The High Court has certified as urgent, a suit filed by the Law Society of Kenya (LSK), seeking to stop the government from paying two Anglo Leasing firms Sh1.4 billion.
Justice David Majanja further directed the lawyers’ umbrella body to serve Treasury Cabinet Secretary Henry Rotich and the Attorney General immediately, so that they can all appear in court on Wednesday for further directions.
Majanja however declined to issue interim orders stopping Rotich from making the payment, saying that the move was not imminent.
Through its lawyer James Mwamu, LSK urged the court to stop the payments arguing that the government intended to pay non-existent companies in the names of Universal Sat space and First Mercantile Securities.
“The decision to pay is baseless and is based on untenable grounds and is a breach of constitutional principles as enshrined under Articles 3, 6, 10, 43 and 47 of the constitution,” Mwamu stated.
The lawyers’ body further wants the High Court to restrain the government from paying any monies related to the 18 Anglo-leasing type contracts as a result of a consent judgement entered in the Civil Section of the Tribunal of First Instance of Geneva.
At the same time, LSK is also seeking that the court directs the chief government legal advisor to deposit the consent signed to pay the amounts as evidence of any payments made so far to First Mercantile Securities Corporation and any Cabinet approvals within seven days.
It also wants the Attorney General to produce evidence to show that Solicitor General Njee Muturi had capacity and license to appear and practice in the courts of England and Wales.
The LSK has accused the respondents for failing to appreciate the existing and constitutional provisions of law on enforcement of foreign judgments based on fraudulent and illegal contracts.
It is the petitioners’ argument that Treasury CS and the Attorney General are about to breach the constitutional provisions under Article 201 that emphasises that finance issues must be transparent and accountable to the people of Kenya.
LSK also wants the government to challenge the judgment on the payment at the Highest Court in England and said that the Attorney General should pursue the appeal to its logical conclusion.
It contends that any payments made would breach the constitutional provisions that require that public finances should be used to uplift the lives of its citizens and not to settle fictitious contracts.
LSK wants the High court to declare that the judgment was against public policy and was in breach of the rules of natural justice and cannot be enforced in Kenya and that Parliament must not approve any illegal payments’ made following a fraudulent verdict.