Godowns Development in Athi River
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The High Court of Kenya has ordered compensation exceeding Sh19 million to the company of KANU leader Gideon Moi.
This follows a prolonged eight-year legal dispute regarding the government's fertilizer subsidy program. This significant decision highlights procedural lapses by both the Director of Criminal Investigations (DCI) and the Kenya Bureau of Statistics (KEBS).
The ongoing case originated from allegations by a prominent agrochemicals manufacturer, who claimed that unlawful delays in the clearance of its fertilizer shipments by the DCI and KEBS resulted in substantial financial losses. High Court Judge Lawrence Mugambi has determined that the actions of these agencies not only breached legal protocols but also violated the company’s rights under Articles 47(1) and 40(3) of the Kenyan Constitution.
In his ruling, Judge Mugambi emphasizes that the detention of goods in a bonded warehouse for over 21 days without proper authorization was illegal and that the DCI and KEBS failed to adhere to constitutional requirements for efficiency and fairness in their operations. As part of the ruling, compensation will also indirectly benefit Moi's company and three other entities through the settlement of outstanding warehouse rents and taxes.
The Kenya Ports Authority and the Kenya Revenue Authority (KRA) will receive payments directly from the DCI and KEBS, addressing the financial implications of the unlawful delays. This decision has far-reaching consequences for government protocols regarding import clearance and the enforcement of constitutional mandates.
It serves as a critical reminder of the obligations public institutions have to act in accordance with the law, ensuring procedural integrity, accountability, and respect for individual rights. In conclusion, the High Court's ruling signifies a crucial step towards reinforcing the enforcement of constitutional rights and procedural fairness within Kenya's legal framework.