COURT BLOCK 75 MILLION PAYMENT TO A TRADER FROM NAIROBI COUNTY GOVERNMENT.

0
487
Nairobi Governor Mike Sonko with his lawyer Harrison Kinyanjui after obtaining order's restrainng payments of 75 million to a trader over unknown services.

BY SAM ALFAN.

Nairobi businessman  Kenendy  Wainana Ngenga has suffered a major after high Court halted  payments of Sh 75 million to a businessman from Nairobi County Government bank account based at Co-operative  bank of  Kenya, Nairobi.

The order by Justice Racheal Ngetich stopped the payment to the businessman until the  commercial disputes is heard and determined

The  county government, through lawyer Harrison Kinyanjui moved the court seeking orders to stop the execution of the  interlocutory judgement entered on  10 April 2017.

The lawyer  told the court that the  Garnishee order issued on July 12, 2017, and extended  on May 2, 2018, together with the consent order made on July 19, 2017 and filed on July 20, 2017  should be  vacated and  set aside accordingly.

Mr Kinyanjui said that the  businessman  has violated the constitution by attaching the  County Government banks accounts at the Co-operative bank, Nairobi/

.He pointed out that  the County Governor  Mike  Sonko and  County Secretary only became aware of the  proceedings after the Garnishee bank wrote to the  Governor through  letter dated May 8,2018 notifying him  the  attachment  of the  County.s bank at the  Co-operative bank of Kenya, Nairobi.

“Pursuant to Article 6(2)of the constitution of Kenya, the Government is Constitutionally structured into the National and County Governments, and in the circumstances ,Nairobi City County Government insulated against execution process envisaged pursuant to Order 23 Civil Procedure Act,2010,”said Kinyanjui.

In what the governor see’s as an attempt to cripple activities of Nairobi County government, another order was issued attaching key accounts of the county government.

“That the sum of Kshs. 73,327,837,22 or any such amount held in the judgement Debtor’s account in Cooperative Bank of Kenya Limited A/C numbers 01141232396600 (Revenue account) account number 01141232396601 (operations account) and account 01141232396602 (development account) city hall branch be released to the decree order in satisfaction of the decree” state the order .
The same businessman had obtained a court on 2 of May attaching the same county government key accounts.

He added that there is need to stop execution through unlawful means as now sought to be levied against the defendant, as to do so the court will have aided the unlawful hemorrhage of public funds.

The agreement issued on May 2, 2018 will be made absolute absent and that is why we seek this Court’s intervention.

Kinyanjui said the said agreement were made out of control of the County as the counsel purporting to represent it had no such authority and it is no surprise that no defense was filed at all leading to an unlawful process.

“He said that all efforts to track and trace the said W.S Wasonga Advocate to ensure he explains the circumstances of filling a purported Memorandum of Appearance have failed, necessitating the County to appoint its advocates now on record and to seek the relief under the law, ”said Kinyanjui.

He added that the County has appointed a Committee led by Prof PLO Lumumba to scrutinize all pending bills, and if the plaintiff perceived that his bill is genuine for settlement, he is not without relief to submit it for scrutiny and settlement, he not without relief to submit it for scrutiny and settlement.

“To execute the release of that money will be oppressive to the Nairobi County Government and it will have been condemned unheard,” said Kinyanjui.

The County has a good defense and it will be good if it will be heard before judgement is entered in this suit on merit.

He added that the application is urgent as Wainaina has already secured the said garnishee execution proceedings as acknowledged by the co-operative Bank and it is imperative that the court intervenes.

It is being alleged the bank lawyer is the same lawyer acting for the businessman.

LEAVE A REPLY