Agriculture Cabinet Secretary Peter Munya breathed a sigh of relief after the court ruled in his favour in a case seeking for his imprisonment.
In the ruling made by the High Court on Monday, August 29, Kisumu Presiding Judge Fred Ochieng dismissed the matter noting that the petitioner, Benson Odour, failed to prove that Munya was served or he was knowledgeable about the order in question.
Odour had accused Munya of failing to honour an order barring him from summoning the first meeting of the Kenya Veterinary Board.
But the judge declared that Odour pointed out that the court had granted conservatory orders.
“The first respondent shall stand barred by this conservatory order, from convening the first meeting of the third respondent’s board.
“The applicant did not specify the person through whom the Cabinet Secretary was served.
It was not explained why service was being effected through the office of the CS, rather than upon the person who occupies the said position,” Justice Ochieng stated.
“I find that the application is unsuccessful. It is dismissed,” he ruled.
According to Oduor, CS Munya contravened the fundamental rights and freedoms, Articles 232 of the Constitution and section 7 (1) of the Sixth Schedule, concerning the veterinary surgeons and veterinary para-professionals and regulations 2015 and in the matter of appointment of the Kenya Veterinary Board members.
The application dated April 28, sought leave to cite Munya and seven other Kenya Veterinary Board members for contempt of court following their failure to comply with the orders issued by the court on April 13.
Oduor wanted Munya and seven other Kenya Veterinary Board members jailed for contempt of court following their failure to comply with the orders issued on April 13.
The petitioner asked the court to order that the eight be committed to civil jail for a period of six months as punishment.
He further argued that the respondents be given a fine of Ksh5 million as an alternative punishment.