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.
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.