Mungatana wants Treasury stopped from making 'fictitious payments' to two companies

NAIROBI: Former Garsen MP Danson Mungatana has gone to court to stop the Government from paying Sh1.2 billion to two firms.

Representing David Mangi Kithunga in court, Mungatana says the two companies - Afrison Export and Huelands Ltd - are set to receive an irregular payment of Sh1.2 billion from the Treasury, which is likely to lead to lose of taxpayers' money.

"The two companies have already received Sh1.8 billion from Treasury using questionable court orders," Mungatana stated in the suit filed on Tuesday.

Kithunga has sued Afrison Export, Huelands Ltd, Interior Principal Secretary and National Treasury Principal Secretary and Harit Sheth advocates, and wants the court to stop the Government from paying the Sh1.2 billion to the two companies and the law firm.

The payment, he said, should be stopped as it is being made based on a judgement in a case filed in 2012, whose proceedings were irregular.

"Any further payments by the Government to the two companies and law firm will be a continuation of fraud and theft of public funds and it is in the interest of justice and the public that the orders stopping the payments are granted".

Kithunga further stated in a sworn affidavit that his suit is not driven by malice, but rather concern over the reckless regard of how taxpayers' money is being utilised.

"I have looked at the proceedings of Nairobi HCCC617 of 2012 and the conduct of the same and it is my opinion that the said suit was purposely filed and prosecuted for fraudulent purposes and the judge who presided and gave the judgment in favour of the two companies was acting in the most unethical manner," he said.

He attached copies of the court proceedings, pleadings, order and judgement in the suit filed on Tuesday. The judgement, Kithunga said, was delivered by High Court Judge Alfred Mabeya on February 12, 2012, following a suit filed by Afrison Export on September 24, 2012.

The judgement, he added, also lacked clear guidelines on what the companies were to do after the Government made the payouts.

Kithunga further cast aspersions on the companies, stating that it was not clear from the pleadings and physical checks whether they exist.