Cabinet Secretary ministry of Agriculture Principal Secretary Dr Richard Lesiyampe before Justice George Odunga who fined both CS and PS Sh500, 000 or serve 30 days jail term ON Monday April 25,2016.
BY THOMAS KARIUKI
The Cabinet Secretary for Agriculture Mr Willy Bett and his Principal Secretary Dr Richard Lesiyampe have been fined Sh500, 000 or serve a 30 day jail term.
The CS was also ordered to comply with orders within the next three days failure to which he will be personally liable to pay Sh20, 000 for each day defaulted; from the lapse of three days till full compliance.
“I find that by writing the letter dated 17 March 2016 Dr Richard Lesiyampe, the PS in the contempt of this court. I further find that the respondents have not fully complied with the court orders of this court” said Judge Odunga.
Justice Odunga summoned the PS to appear in court on Monday afternoon to show cause why he should not sent to jail for failing to comply with court orders of March 30 2015.
The CS and his Principal Secretary have also been directed to comply with the court orders or attract a fine of twenty thousand each day until compliance.
As per the order, the judge directed the minister to allow the Agriculture Sector Coordinating Unit to access office in Kilimo House and not to remove the property of the Unit therefrom to their new offices and also return assets like three motor vehicles.
Justice Odunga further stated that the court is constitutionally mandated and obligated to ensure the rule of the law is adhered to by all no matter their status and will not sit back and watch the country slide back to impunity of certain individuals or authorities at the expense of Kenyans.
He said there’s a trend in which court orders are themselves treated with contempt by some members of the executive.
The judge also quashed the decision of the CS dated 27 of March 2014 directing officers of the unit to step aside and cease operating any and all official business relating to the Agriculture Sector Co-ordination Unit and to hand over the office inventory and documents to Internal Auditor Mr Francis Njau.
The court further compelled the principal secretary to allow the Agriculture Sector Co-ordination Unit staff to access their offices situated at Kilimo house and should not move the property of the Unit to their new offices which he didn’t allow as ordered by the court.
However, Agriculture Principal Secretary Richard Lesiyampe issued a letter dated March 17 to the ASCU asking the unit to return all its assets with immediate effect soon after the order was issued.
The PS also directed the unit to hand over any other assets in its possession.
The case was filed by ASCU Coordinator Dr Mussolini Kithome, who is also fighting impending disciplinary action by the ministry.
The unit and the ministry have been locked in a fight in recent years that has stalled work — ASCU was established in 2005 to coordinate activities of the several agro-based ministries including land, environment and natural resources. It was based at Agriculture ministry headquarters, Kilimo House in Nairobi.
