Auctioneer raids CDF over Sh600,000 debt

By Wainaina Ndung’u

Mathira Constituency Development Fund (CDF) offices have been left bare following an auctioneer’s raid over a Sh600,000 debt.

An auctioneering firm acting for Kimro General Contractors and Supplies raided the offices in Karatina town and seized a tractor, grader, furniture, computers, and printers, which are to be auctioned.

Kimro had been awarded almost Sh600,000 at the conclusion of a civil dispute between it and Mathira CDF. The contractor claimed the Fund had refused to pay it Sh468,500.

This was after constructing a store, toilets and refurbishing sewer system at the fund officers.

On February 28, Senior Principal Magistrate Lucy Mbugua ruled in favour of the contractor saying she was convinced it had done its part and the CDF had failed to offer a convincing reason for failing to honour the debt.

The company had been awarded the contract and undertook the obligation between November 2007 and January 2008 at a cost of Sh468,500.

Kimro claimed it completed the project in time but went to court asking for Sh501,088 after the CDF not only refused to pay the contract sum but prevented Kimro from collecting Sh38,500 unused materials on site. It was also praying for interests and costs of the suit.

The Fund had claimed that the company had dealt with another CDF committee and that it was not represented at the trial.

But the magistrate ruled that the succession in CDF due to leadership changes should not have affected the contract.

"I find that the evidence adduced by the plaintiff has not been rebutted in any way," ruled the magistrate.

On March 9, the magistrate granted the contractor orders to attach the CDF’s property through Quickline Auctioneers based in Embu.

The total cost being claimed by then had risen to Sh679,817 including Sh84,000 as interest and Sh82,000 as costs of the suit.

A list of CDF property seized by the auctioneer filed in court shows a tractor grader whose value is yet to be established and five computers worth Sh750,000.

The auctioneer has also seized 12 office chairs worth 36,000, a printer worth Sh10,000 and a photocopier worth Sh25,000.

On Tuesday, a lawyer for the CDF committee urged the court to bar the auctioneers from disposing the seized assets, but Ms Mbugua initially declined to admit the application for stay as urgent, adding the committee had not demonstrated the urgency in the matter.