Courts extends orders stopping payment of Sh75 million from Nairobi County

Nairobi High Court yesterday extended orders stopping payment of Sh75 million from Nairobi County to a Businessman Kennedy Wainaina Ngenga until all parties in the dispute put in their responses.

When the matter came for mention before Judge Rachael Ngetich, the parties were directed to file their responses within 14 days.

At the same time Wainaina’s lawyer John Onyango Ohaga disqualified himself from representing Wainaina but gave no reasons.

This is after the County Government of Nairobi moved to court seeking orders of stay of the execution of the interlocutory judgment made on April 10, 2017, as well as the Garnishee order dated July 12, 2017.

“The Garnishee order issued on July 12, 2017, and as varied on May 2, 2018, together with the consent order made on July 19, 2017 and filed on July 20, 2017 with all consequential orders be vacated and be set aside,” said Lawyer Harrison Kinyanjui who filed the application.

The Judge stayed the release of Sh75 million pending the hearing of the application.

In the petition by Sonko, Lawyer Kinyanjui said that Wainaina in violation of the law obtained unlawful and totally unconstitutional orders of garnishing the defendant Government’s accounts with Co-operative Bank the Garnishee named.

He added that the County Governor of Nairobi Mike Mbuvi Sonko and the County Secretary only became aware of the of these proceedings after the Garnishee bank wrote to H.E the Governor of Nairobi County by a letter dated May 8,2018 notifying him of the existence of the said garnishee orders.

“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.

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.