Criticism of government failure to pay compensation awarded by courts is made in good faith. It is hoped, therefore, that state and its advisers will read this criticism in those lines. Reaction to this article should hopefully be to do right, not unleash a backlash against those who are pleading for immediate payment.
President Uhuru Kenyatta apologised to Kenyans for persecution that many, including me, suffered under past regimes that were barely democratic or fair when they jailed and detained government critics for critical thoughts and their free expression.
For some time I have needed to travel abroad to see someone sick and myself take some specialist medical tests for which I need money that government should have paid me years back.
To facilitate this, the government must pay me my award by the courts as redress for torture that I suffered in Nyayo House and in Kamiti Prison G Block, where I was incarcerated with mentally challenged convicted prisoners.
If government pays me that compensation, I will be able to get medical tests and save myself from ill health and maybe death. But if it continues to hold on this money, which is already long overdue, it will be condemning me to a life of insecurity and ill health.
People who were tortured with me but have not been paid are already dying for lack of treatment, which would have probably saved them.
But victims of torture are not the only ones who are condemned to the consequences of not being paid court awards. Retired teachers who were given an award of about Sh46 billion are today victims of economic hardships.
These awards are not privilege that government may or not give but a right that it must give to keep her credentials as a democratic. When a government defies a court order, it hurts both the person whose money is withheld and redefines itself as undemocratic, which no government should do. By refusing to pay awards, government is doing nobody any favour .
Justice delayed is justice denied. Therefore, delay in releasing compensation is denying the victim, which is contrary to the court ruling. It is also cruel and a violation of basic human rights, which no democratic government should engage in. It is also a declaration of war against the Judiciary, which is an equal arm of government whose disregard can only erode democracy in Kenya.
Given Attorney General Justice Kihara Kariuki is the legal government adviser, must he not advise government to pay compensation that courts have awarded citizens?
When compensation money denied is not available to take someone to hospital, pay school fees or buy food, sometimes leading to someone’s death, isn't it an outright death sentence?
Already, I have friends, fellow detainees who have died before and because they are not paid compensation, some which is unpaid to date. How will they be compensated after they are dead?
Does giving compensation to families of dead victims a substitute for compensation denied to victims?
Some government officers seem not to care whether victims get this money or not, despite holding very important positions in regard to payment of compensation.
Second, there maybe a possibility that some government officers are simply malicious and want people seeking payment to suffer from destitution. Given the money we see stolen from government in the many instances of corruption, government cannot claim not to have money to pay compensation. It is time for it to do the right thing.