1.Considering that on January 27, 2023 this court delivered a judgment holding that the applicants’ rights and freedom from inhuman treatment as protected under section 74(1) of the repealed Constitution were violated by the Government of Kenya and awarded each of the applicants damages of Kshs 2,500,000; the court however, did not make an order on the payment of interest notwithstanding that the applicants had prayed for interest on the damages awarded in the consolidated appeal; and
2.Noting that on February 14, 2023 the applicants filed a notice of motion dated February 6, 2023 under section 21(4) of the Supreme Court Act, 2011 and rule 31 of the Supreme Court Rules, 2020 seeking-a.That the honourable court do amend its order (e) in its judgment delivered on January 27, 2023 and award the applicants interest on the award of Kshs 2,500,000 to each of the applicants at court rates from the date of filing the High Court petition on April 15, 2013 until payment in full.b.The costs of this application be costs in the cause.
3.Upon considering the affidavit in support of the motion sworn by the applicants’ advocate, James H Gitau Mwara, on February 6, 2023 and the applicants’ submissions; to the effect that this court on January 27, 2023 entered judgment in the applicants’ favour and awarded them damages of Kshs 2,500,000 each; that despite the applicants having prayed for interest on the damages awarded in the consolidated appeal, the judgment was silent on the same; that the court ought to consider reviewing its judgment and grant the applicants interest on the grounds that claimants in similar cases such as, Irene Wangari Gacheru & 6 others v Attorney General, HC Petition No 376 of 2014;  eKLR and Kennedy Kinuthia & 3 Others v Attorney General, HC petition No 375 of 2014;  eKLR, were granted interest on the damages awarded; that it is trite law and a rule of practice that costs and interest follow the event in a monetary judgment; that an award of interest would act as mitigation against all delays (either intentional or due to bureaucratic long drawn processes) by the government in payment of the assessed damages; and that the court has inherent powers to amend its judgment and award interest as sought; and
4.Noting that despite being served with the motion, the respondent has not filed any response thereto; and
7.Appreciating that the court at paragraph 97 of its judgment and in particular, under limb (e) of its orders held as follows:Further, from the reading of the judgment there is no indication that the court intended to deny the applicants interest on the damages awarded; and
9.We hereby pronounce that the motion has merit and invoke our jurisdiction under section 21(4) of the Supreme Court Act to review the judgment to include an award of interest on the damages at court rates from the date of the judgment of this court being; the January 27, 2023 until payment in full.
10.Consequently and for the reasons aforestated we make the following orders:i.The notice of motion dated February 6, 2023 and filed on February 14, 2023 is hereby allowed.ii.Consequently, the judgment dated January 27, 2023 is hereby reviewed and in particular order (e) at paragraph 97 which shall now read as follows:e)The Government of Kenya shall pay damages assessed at Kshs 2,500,000.00/- to each of the appellants in this consolidated appeal. The appellants shall also have interest on the damages at court rates from the date of the judgment being January 27, 2023 until payment in full.”iii.There having been no opposition by the respondent, we make no orders as to costs in regard to this motion.It is so ordered