The Department is involved in the defence of cases filed against the national Government. The OAG & DOJ had as at May 2018 analyzed the ongoing cases and arbitrations with quantifiable monetary claims as having a potential liability exposure to the Government of Kshs.809,938,412,174.83.
These cases do not include those that require assessment of compensation by the Courts.
In the defence of cases, the Department in the FY 2017/2018, 2018/2019 and 2019/2020 successfully defended the national Government in some of the filed cases hence ensuring savings on the government finances and the undertaking of government projects. Some of the cases are:
- In Eldoret Civil Appeal No. 51 of 2016 Attorney General vs Nathan Tirop & Another, the Court of Appeal in a judgment given on 6th December 2018 allowed our appeal and dismissed an award of Kshs. 8.5 Billion plus interest and costs thereon. This represents a saving of Kshs.8.5 Billion plus interest on the same,
- In Nairobi Civil Appeal No. 32 of 2014 Attorney General vs Orbit Chemicals, the Court of Appeal in a judgment given on 22nd March 2019 allowed our appeal and dismissed an award of Kshs. 6 Billion plus interest and costs thereon. This represents a saving of Kshs.6 Billion plus interest on the same;
- In Nairobi HCCC 352 of 2014 Royal Media Services vs Attorney General, a claim of Kshs.182 plus interest was dismissed by the High Court vide judgment given on 5th April 2014. This represents a saving of Kshs.182 plus interest on the same;
- In Nairobi Court of Appeal No. 62 of 2018, Bhupinder Singh Dogra vs Attorney General, a claim of Kshs.141 Million with interest at 18% was dismissed vide judgment given on 5th April 2019. This represents a saving of Kshs.141 Million with interest at 18%;
- In Nairobi HCCC 2175 of 2007 Joseph Kuria Kiburu vs Attorney General, the Plaintiff sought compensation of 950 Million with interest at 12% from date of filing suit. In a judgement issued on 15th October 2018 and after defence of the claim, the court awarded Kshs.27,477,234 and cancelled the titles held by the Plaintiff. The defence of the suit resulted into a saving of Kshs.922Million plus interest on the same and the cancellation of the Plaintiffs titles to the land where Central Police Station is situate;
- In Eldoret Civil Appeal No. 82 of 2017 Agricultural Development Corporation vs Harjit Singh & Attorney General, the appeal was allowed in a Judgement given on 25th July 2019 and an award of Kshs.250,000,000 was set aside. This represents a saving of Kshs.250,000,000 plus interest on the same;
- In Nrb ELC 1388 of 2014 Voi Sisal Estates Limited vs Attorney General, the claim was for Kshs.225. In a Judgement given on 7th March 2019 the Plaintiff was awarded Kshs.10,227,587 representing a saving of Kshs.214,772,413 plus interest on the same;
- In Nairobi ELC 556 OF 2012 Attorney General vs Electrical Options Limited, the Plaintiffs claim was for compensation for land in the sum of Kshs.85 Million. Upon prosecution of the suit, the claim for Kshs.85 Million was dismissed and the land reverted to government in a judgment given on 17th September 2019. This represents a saving of Kshs.85 Million plus interest on the same;
- In Nairobi ELC 604 of 2006 Hassanali Asaria vs Registrar of Titles, the claim by the Plaintiff was for Kshs.800 Million. Upon defence of the matter, the court in a judgment given on 16th May 2019 awarded Kshs.16 Million representing a saving of Kshs.784 Million plus interest on the same;
- In Nairobi ELC 1624 of 2007 Atlantis Development vs Attorney General. The Plaintiffs claim for Kshs.26,000,260 was upon defence of the matter dismissed with costs vide judgment given on 8th July 2019. This represents a saving of Kshs.26,000,260 plus interest on the same;
- In Nairobi Civil Appeal No. 147 of 2017 Attorney General & Another vs Andrew Kiplimo Sang Muge & 2 Others, the High Court had issued a declaration that the five year term of MCAs was shortened when elections were declared for 8th August 2017 and that they were entitled to salaries and emoluments for the period they did not serve. Implementation of the High Court decision would have required the National Treasury to set aside Kshs.8 Billion for MCAs only as the decision would also apply to all elective positions. On Appeal by the Attorney General, the Court in a Judgement given on 10th November 2017 allowed the Appeal and set aside the High Court orders. The National Treasury was thus saved in excess of Kshs.8 Billion.
- In Nairobi ELC 474 of 2009 Roy Properties Limited vs Attorney General as consolidated with Nairobi ELC 475 of 2009 Roy Transmotors Limited vs Attorney General, the Plaintiffs had sought compensation in excess of 2 Billion for the demolition of their properties during the construction of the Thika Super Highway. The Government through the Attorney General counterclaimed that the land was not available for alienation it having been acquired for road expansion in the 1960’s. The Court in a judgment given on 31st October 2019 agreed with the Attorney General and dismissed the Plaintiff’s claim representing a saving in excess of Kshs.2 Billion.
- In Eldoret ELC No. 253 of 2012 Keiyo Teachers Co-operative and Credit Society vs Attorney General & others, the Attorney General counterclaimed for the cancellation of the Plaintiffs title issued over land held by Eldoret GK Main Prison. The Court in a judgment given on 20th May 2020 agreed with the Attorney General that the Plaintiffs title was unlawfully and illegally created from a gazetted prison farm and ordered it be cancelled.
- In Eldoret ELC Petition No. 15 of 2013 David Kiptum Yator & Others (Suing as leaders of Sengwer Community) vs The Atorney General as consolidated with Eldoret ELC Petition No. 3 of 2018 Elias Kimaiyo Kibiwot & Others (acting on their own behalf and as representatives of Sengwer Community of Embobut Forest, Cherangany Hills), the Petitioners despite having been paid resettlement compensation by the Government of shs.410,000 per household so as to move from the Embobut Forest sought to return to the forest by alleging that it was ancestral community land. The Court in a landmark judgment given on 13th May 2020 affirmed that the Forest is public land within the strictures of Article 62(4) of the Constitution and dismissed the claims by the Petitioners.