Defence Principal Secretary Patrick Mariru is expected to be jailed today Tuesday, April 29, 2025, after the High Court found him guilty of contempt over his continued defiance of a court order to pay over Sh134 million to David Gitau Njau and nine others
Chigiti ruled that Mariru willfully disobeyed a valid court order issued on compelling the Ministry of Defence to settle a judgment debt stemming from a 2013 ruling in favour of the 10 petitioners for violation of their constitutional rights.
“The only way that justice will be served in this case is by allowing the application,” ruled Justice Chigiti, adding, “Hon. Patrick Mariru is hereby cited for Contempt of Court for disobeying and defying the Judgment, Decree and the Order of Mandamus.”
Mariru has been summoned to appear in open court on April 29 at 11:00 AM for mitigation and sentencing.
If he fails to show up, a warrant of arrest is to be issued and executed by the Military Police or National Police Service.
The genesis of the case dates back to a judgment delivered in 2013, in which the High Court awarded Sh55 million plus interest and costs to the applicants for infringement of their rights by the Ministry of Defence.
Despite a Mandamus order issued in 2018 and a Senate directive in 2019 requiring payment within 60 days, the Ministry has failed to settle the now ballooned sum of Sh134,748,152.54.
“This judgment debt has remained unpaid for over a decade, even after all legal channels have been exhausted,” said David Gitau Njau, the lead applicant.
“This is not just contempt of court—it is contempt of justice and contempt of the Constitution.”
Justice Chigiti dismissed Mariru’s explanation that austerity measures had constrained the Ministry’s budget, calling the argument “untenable.”
“Austerity measures cannot amount to any justice if they yield no fruits to decree holders like the Applicants,” he stated.
“Delay as in the instant suit cannot be said to be reasonable in the eyes of any reasonable person and the same amounts to a denial of justice.”
He however summoned PS Mariru to appear personally before him in open court today at 11am for mitigation and sentencing.
