Month: July 2015

AHMEDNASIR WANTS JUDGE REMOVED FROM KIDERO KHALWALE DEFAMATION CASE.

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KHALWALE CASE (2)
Senior Counsel Prof Tom Ojienda for Nairobi Governor Evans Kidero and Senior Counsel Ahmednasir Abdullahi for Kakamega senator Bonny Khalwal engage on bitter exchange in a courtroom at Milimani law courts on Friday 31 July,2015..
BY SAM ALFAN.
The defamation case pitting Nairobi Governor Evans Kidero against Kakamega senator Bonnie Khalwale took yet another dramatic turn when the lawyer representing the Governor Prof Tom Ojienda asked Khalwale’s lead council AhmedNassir to withdraw from the case since he will be summoned as a witness in the matter.
This is after Ahmednasir made an application seeking the alleged interparty orders issued against the senator restraining him from defaming Kidero lifted saying you can’t silence people to discuss about Mumias.
Justice Joseph Kiplagat Sergon then made a ruling saying they must deal with the application seeking Ahmednasir to dismiss him from the matter first before they proceed.
His ruling generated a lot of heat in the courtroom after agitated grand mulla accused the judge of not recording his application and issuing orders that never focused on his application.
AhmedNassir also made an oral application wanting Justice Joseph Kiplagat Sergon to withdraw him from the suit citing impartiality.
“ I made a submission on certain application, I made an application why you should discharge your order, my learned friend replied on the same issues now you’re saying my application is not for the record and you made a order on application on why I should disqualify myself, who should disqualify between me and himself? He is on the record and there’s a report on KPMG of his involvement over this matter “Ahmednasir told the judge.
H e told the judge to disqualify himself from hearing the matter since they didn’t have confidence with him on the way he’s handling the matter.
“My lord my I make it clear, I don’t think the way you have conducted this matter gives us any confidence that you are partial in this matter” said furious Ahmednasir.
He said the matter should be placed before the division presiding judge Msagha Mbogholi to allocate the matter to another judge to handle the matter.
Kakamega senator Bonnie Khalwale insists that he is ready to tender evidence in court against Kidero in the controversial Mumias Sugar company case.
The Kidero versus Khalwale suit where the Governor is accusing Kakamega senator of defaming him has been characterized by drama.
And that drama which saw supporters for both the politicians turn Milimani law courts into a battle ground a fortnight ago made its way to the court room today.
Professor Tom Ojienda for Kidero and Ahmed Nassir for Khalwale at one time were both competing to address justice Joseph Sergon with Ojienda insisting that Ahmed Nassir must withdraw his services for the senator since he was involved in another arbitration process for Mumias Sugar Company, and as such he will not be objective.
But AhmedNassir could hear none of that saying that, his job in the arbitration process has got nothing to do with the current defamation suit.
Instead asked the adjudicating judge Joseph Sergon to withdraw himself from the case citing lack of
objectivity.
Today there was heavy security presence ready for any eventuality like one witnessed two weeks ago where supporters for both politicians were involved in running battles.
Yesterday consumer lobby group has been locked out of defamation suit brought against senator Bonn Khalwale and Nairobi County Governor Evans Kidero. Joseph Sergon dismissed the application by Cofek seeking to be enjoined as interested party to the defamation case on ground that the organization did not demonstrate the public interest in the matter.
“COFEK has demonstrated that it is supporting the Kakamega Senator Boni Khalwale in this matter” said justice Sergon.
The judge said the matter between two leaders touches on public statements made by Khalwale linking Kidero to corruption at Mumias Sugar Company during his nine years tenure.
Justice Sergon said that the application by the organization as presented to the court by its lawyer Henry Kurauka lacked merits.
He said that the matter can be determined by the two parties who are before the court.The consumer federation body made the application to be enjoined on the matter through their lawyer Henry Kurauka claiming they had direct interest in respect of the outcome in the matter.
“Among other reasons, dictated by the fact that the proceedings under this matter have the real potential to reduce a matter of monumental public interest such as the collapse of the largest sugar company to a defamation suit between the two parties” said COFEK.
They argued that the outcome of the Court has the real potential to prejudice sugar consumers as well as overall public interest since the reducing the anti-corruption whistle-blowing to defamation, at the first instance, without substantively investigating the Plaintiff’s potential role in the collapse of Mumias Sugar Company, where he was a CEO for 9 years, is likely to affect the parallel investigations carried out by among others the audit firm KPMG East Africa, National Assembly and other competent agencies.
Two weeks ago,High court has issued orders restraining Kakamega senator Dr Bonn Khalwale from making defamatory statement against Nairobi County Governor Dr Evans Kidero touching financial scandal facing Mumia sugar company.
Justice Joseph Sergon said Khalwale should desist from making any defamatory statements concerning Kidero in relation to the management of Mumias Sugar Limited.
This is after the Nairobi governor moved to court through his lawyer Professer Tom Ojienda to over Khalwale remarks that linked him to the collapse of Mumias Company.
Through his lawyer Prof Tom Ojienda, Kidero claimed that Khalwale slandered his name by depicting him as corrupt, a swindler and a fraudster.
“On the fight of corruption I will support you, Mumias did not just die. You should pursue the criminals. The criminals who looted Mumias are led by their prefect governor Kidero, hold them accountable,” Khalwale told President Uhuru Kenyatta
Kidero said that Khalwale continues to engage in bad publicity, character assassination and incitement of public spite against him.
Kidero claimed that the word published by Khalwale were malicious, false and reckless and were only meant to injure his reputation and his standing among right thinking members of the society.
He said the defamatory words by Khalwale were likely to attract a public spite from the public particularly among the residents of Nairobi where he serves as the governor and also investors of Mumias Sugar Company Limited where he served as the Managing Director.
He said unless Khalwale was restrained by the court, he was apprehensive that his reputation will further irretrievable tainted and suffer irreparably.
The Senator had called for the arrest of Dr Kidero, alleging that he was among those behind the collapse of Mumias Sugar Company, where he worked as a managing director.
In a sworn affidavit Kidero stated that when he joined Mumias Sugar Company as the Managing Director, he found a rundown company that was on the verge of collapse.
He said that with dedication and support of board of directors and the Management team of the company, Mumias Sugar Company became a success story year out till the time he left the company.
Kidero said after demanding an apology letter from Khalwale he went further to defame him in a press conference.
“During the press Conference on June ne 26, the defendant deliberately failed, refused or neglected to inform the public that the said slanderous and libelous words were solely based on the unconcluded KPMG report dated on December 18, 2014.This notwithstanding, the
Kakamega Senator Boni Khalwale has three days to apologise for calling Evans Kidero the “prefect of thieves” or be sued, the Nairobi governor has said.
Kidero said is a letter Khalwale faces a defamation suit if he fails to apologise for his use of “malicious, false’ and reckless” words to taint the governor’s name during a gathering in Mumias on Wednesday.
“We have instructions to seek other incidental remedies against you without further notice or reference to you at your own risk as to costs and attendant consequences,” read a letter to Khalwale from Kidero’s lawyer Tom Ojienda.
“Our client demands that you immediately and unconditionally prominently publish an apology to Kidero in at least two newspapers of national circulation, in the next three days”.
Defendant proceeded to make unqualified adverse allegations about what he perceived as indictments against me in my management of Mumias Sugar Company Limited,” stated Kidero in an affidavit.
Prof Ojienda had asked Khalwale to publish the apology in at least two newspapers of national circulation.
Kakamega Senator Boni Khalwale responded to Kidero- “Someone is cheating you. You must be dreaming to expect an apology haa! I serve the interests of Kakamega County. It is your responsibility to clear your name from the KPMG report. Bring it on, I’m always ready,” he said on his twitter account
Kidero claims that Khalwale has continued to defame him even on his twitter account.
Justice Joseph Sergon certified the matter urgent and restrained Khalwale to utter more words against Kidero.
The case will be heard on the 9th of September.

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AUDREY MBUGUA ENJOINED IN THE TRANSGENDER SUIT.

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TRANS GENDER CASE (4)
Audrey Mbugua with lawyer Stephen Mwanza Gachie for human rights activist Solomon Gachira after Audrey was enjoined in the suit in which human rights activist Solomon Gachira have filed seeking orders to restrain the A.G from implementing the gender rule as earlier given by the court on Friday 31 July,2015..
BY SAM ALFAN.
High court has enjoined Audrey Mbugua as a interested party on a suit filed by activists Peter Solomon Gichira to stop the implementation of two thirds gender rule until the transgender are included in the directive.
This after Audrey through her lawyer Colbert Ojiambo successfully applied through an oral application that Audrey be enjoined in the suit in which human rights activist Solomon Gachira have filed seeking orders to restrain the A.G from implementing the gender rule as earlier given by the court.
Justice Weldon Korir allowed the application by Audrey and directed the AG to file his response within 21 days.
Justice Korir declined to issues any orders saying the orders sought by the human rights activist Solomon Gachira cannot be granted at this stage.
He told his lawyer the matters raised in the matter are serious and he’s considering to place the matter before the Chief Justice to appoint the three judge bench so the issues of gender can be solved once for long.
Both Attorney General and human rights activist Solomon Gachira did not oppose the application but AG opposing the issuing of any order restraining him from implementing Justice Mumbi Ngugi directive dated June 26 the AG, senate and national assembly are under immense pressure to implement the one third to two third gender representation principle in the national assembly and the senate before August 27.

TRANS GENDER CASE (1)

Peter Solomon Gichira wants the Court to declare that the Two Thirds Gender Rule does not necessarily refer to men and women but includes ‘others’.
In his suit Papers, Gichira argues that the constitution does not define gender as just woman and man but includes hermaphrodites or a third gender.
“It is as a result of the contrived understanding of the term Gender to only mean men and women that a lot of people who could collectively be in the Third Gender Group have ended up being denied enjoyments of their rights as protected in the constitution,” he said.
Gichira added that gender identity disorder is not a disability of any form but in which there is a disparity between a people’s assigned sex and expressed gender identity.
He wants the two gender rule to consider transgender people who haven’t been recognized, yet live in the society.
The two-thirds gender rule is a constitutional requirement stating that no more than two thirds of elective and appointive bodies are composed of the same gender.
Gichira claims that the allocation of the 47 County Seats to Women representatives was on the misconstrued conception that only women are eligible and weak to compete with men in the electoral field.
“A few people should not be left out because they are not seen as male or female but with equal priority with others,” he added.
He said the transgenders have suffered severe prejudice and marginalization and their general standing and it was time for their recognition.
Through his Lawyer Gachie Mwanza, Gichira claimed that the National Assembly will move to speed to beat the August 2015 deadline imposed by the court which was in contravention of the rights of the transgenders.
“Unless the application is heard and determined, the people for who, the Petition is brought will suffer utmost prejudice and will be locked out from accessing their rights,” said his lawyer Gachie Mwanza.
Gichira Wants the State to make the necessary legal amendments to the constitution for allocation of special seats both Elective and Appointive positions.
High Court Judge Mumbi Ngugi directed the matter to be placed before Justice Weldon Korir for further directions.
Earlier Nairobi based civil activist Okiya Omtatah has filed an application seeking to stop the execution a judgment on the two third gender rule.
Omtatah wants the court to suspend the orders of Justice Ngugi Mumbi directing compliance of Supreme Court’s advisory opinion.
He says that advisory opinion by the Supreme Court was an error which could lead to amending the constitution to allow the application of principles of the one third to two third gender representations in the national assembly and the senate.
He argues that the constitution of Kenya 2010 was enacted in the historical context in which provisions implementing the requirement for proportional gender representation which existed in the Bomas and Wako and several harmonized drafts were removed before the constitution was ratified.
Omtatatah submits that with that removal the issue of gender representation became a political and not judicial issue, sayi9ng the court had no jurisdiction to order AG and CIC to comply with Supreme Court advisory opinion on gender balance.
“The court of law has no capacity or jurisdiction to order the re-introduction into the constitution the provisions which the sovereign people themselves rejected” he says
He says the following the advisory opinion and the order of Justice Mumbi dated June 26 the AG, senate and national assembly are under immense pressure to implement the one third to two third gender representation principle in the national assembly and the senate before August 27.
The move taken by the AG, senate and national assembly requires the amendment of the constitution to remove to the political interest which violates the supreme law.
The application by the activist will be placed a duty judge this afternoon for orders and directions.
AG and CIC were taken to court over failure to table the relevant Bills to facilitate the implementation of the two thirds gender rule.
The Centre for Rights Education and Awareness (CREAW) filed an urgent application seeking order to compel the AG and CIC to act as required by the constitution
According to CREW as it told the court the constitution requires that as a precursor to parliament discharging the obligation, first (AG) and (CIC)ought to prepare the relevant bills for tabling before parliament as soon as reasonably practicable to enable parliament to enact the legislation within the period specified,” the organization through lawyer Judy Thongori stated. Creaw through its executive director Ann Njogu further wanted the court to declare that the AG and CIC have failed in preparing the bills and a further declaration that their actions are a threat and in violation of the constitution.
“Article 27(8) of the constitution demands that in addition to the measures contemplated in clause (6), the state shall take legislative and other measures to implement the principle that not more than two thirds of the members of elective or appointed bodies shall be of the same gender,” she pointed out.
The matter will be mentioned on 24 of August for further directions.

COFEK BID TO JOIN KIDERO KHALWALE CASE FLOPS.

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ojii
Prof Tom Ojieda for Nairobi governor Evans Kidero Ann Nderu Ndungo for Kakamega senator Bonny Khalwale leaving Milimani law courts after high court dismissed application COFEK seeking to be enjoined in a case in which Kidero have sued Khalwale over linking him to the collapse Mumias sugar factory collapse on 30 July,2015.
BY SAM ALFAN.
The consumer lobby group has been locked out of defamation suit brought against senator Bonn Khalwale and Nairobi County Governor Evans Kidero.

Joseph Sergon dismissed the application by Cofek seeking to be enjoined as interested party to the defamation case on ground that the organization did not demonstrate the public interest in the matter.
“COFEK has demonstrated that it is supporting the Kakamega Senator Boni Khalwale in this matter” said justice Sergon.
The judge said the matter between two leaders touches on public statements made by Khalwale linking Kidero to corruption at Mumias Sugar Company during his nine years tenure.
Justice Sergon said that the application by the organization as presented to the court by its lawyer Henry Kurauka lacked merits.
He said that the matter can be determined by the two parties who are before the court.The consumer federation body made the application to be enjoined on the matter through their lawyer Henry Kurauka claiming they had direct interest in respect of the outcome in the matter.
“Among other reasons, dictated by the fact that the proceedings under this matter have the real potential to reduce a matter of monumental public interest such as the collapse of the largest sugar company to a defamation suit between the two parties” said COFEK.
They argued that the outcome of the Court has the real potential to prejudice sugar consumers as well as overall public interest since the reducing the anti-corruption whistle-blowing to defamation, at the first instance, without substantively investigating the Plaintiff’s potential role in the collapse of Mumias Sugar Company, where he was a CEO for 9 years, is likely to affect the parallel investigations carried out by among others the audit firm KPMG East Africa, National Assembly and other competent agencies.
Two weeks ago,High court has issued orders restraining Kakamega senator Dr Bonn Khalwale from making defamatory statement against Nairobi County Governor Dr Evans Kidero touching financial scandal facing Mumia sugar company.
Justice Joseph Sergon said Khalwale should desist from making any defamatory statements concerning Kidero in relation to the management of Mumias Sugar Limited.
This is after the Nairobi governor moved to court through his lawyer Professor Tom Ojienda to over Khalwale remarks that linked him to the collapse of Mumias Company.
Through his lawyer Prof Tom Ojienda, Kidero claimed that Khalwale slandered his name by depicting him as corrupt, a swindler and a fraudster.
“On the fight of corruption I will support you, Mumias did not just die. You should pursue the criminals. The criminals who looted Mumias are led by their prefect governor Kidero, hold them accountable,” Khalwale told President Uhuru Kenyatta
Kidero said that Khalwale continues to engage in bad publicity, character assassination and incitement of public spite against him.
Kidero claimed that the word published by Khalwale were malicious, false and reckless and were only meant to injure his reputation and his standing among right thinking members of the society.
He said the defamatory words by Khalwale were likely to attract a public spite from the public particularly among the residents of Nairobi where he serves as the governor and also investors of Mumias Sugar Company Limited where he served as the Managing Director.
He said unless Khalwale was restrained by the court, he was apprehensive that his reputation will further irretrievable tainted and suffer irreparably.
The Senator had called for the arrest of Dr Kidero, alleging that he was among those behind the collapse of Mumias Sugar Company, where he worked as a managing director.
In a sworn affidavit Kidero stated that when he joined Mumias Sugar Company as the Managing Director, he found a rundown company that was on the verge of collapse.
He said that with dedication and support of board of directors and the Management team of the company, Mumias Sugar Company became a success story year out till the time he left the company.
Kidero said after demanding an apology letter from Khalwale he went further to defame him in a press conference.
“During the press Conference on June ne 26, the defendant deliberately failed, refused or neglected to inform the public that the said slanderous and libelous words were solely based on the unconcluded KPMG report dated on December 18, 2014.This notwithstanding, the
Kakamega Senator Boni Khalwale has three days to apologise for calling Evans Kidero the “prefect of thieves” or be sued, the Nairobi governor has said.
Kidero said is a letter Khalwale faces a defamation suit if he fails to apologise for his use of “malicious, false’ and reckless” words to taint the governor’s name during a gathering in Mumias on Wednesday.
“We have instructions to seek other incidental remedies against you without further notice or reference to you at your own risk as to costs and attendant consequences,” read a letter to Khalwale from Kidero’s lawyer Tom Ojienda.
“Our client demands that you immediately and unconditionally prominently publish an apology to Kidero in at least two newspapers of national circulation, in the next three days”.
Defendant proceeded to make unqualified adverse allegations about what he perceived as indictments against me in my management of Mumias Sugar Company Limited,” stated Kidero in an affidavit.
Prof Ojienda had asked Khalwale to publish the apology in at least two newspapers of national circulation.
Kakamega Senator Boni Khalwale responded to Kidero- “Someone is cheating you. You must be dreaming to expect an apology haa! I serve the interests of Kakamega County. It is your responsibility to clear your name from the KPMG report. Bring it on, I’m always ready,” he said on his twitter account
Kidero claims that Khalwale has continued to defame him even on his twitter account.
Justice Joseph Sergon certified the matter urgent and restrained Khalwale to utter more words against Kidero.
The case will be heard tomorrow for further orders over the matter.

CHIEF JUSTICE WILLY MUTUNGA PRESIDES OVER TEACHERS SERVICE COMMISSION SECRETARY AND CEO SWEARING IN.

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Chief Justice Willy Mutunga presided over the swearing in of TSC Secretary/CEO Nancy Macharia. Ms Macharia took Oath of Office at the Supreme Court in ceremony conducted by resident magistrate Lorraine Ogombe. Chief Registrar of the Judiciary Anne Amadi also graced the occasion. Caption. New Secretary / CEO of the Teachers Service Commission (TSC) Ms Nancy Macharia (L), is congratulated by Chief Justice Willy Mutunga after she took Oath of Office at Supreme Court, Nairobi. Looking on is the Chief Registrar of the Judiciary Anne Amadi (Centre). July 30, 2015.

Chief Justice Willy Mutunga presided over the swearing in of TSC Secretary/CEO Nancy Macharia. Ms Macharia took Oath of Office at the Supreme Court in ceremony conducted by resident magistrate Lorraine Ogombe. Chief Registrar of the Judiciary Anne Amadi also graced the occasion.

SONKO AND KIDERO WAR RE-EMERGES AS SONKO SLAPS KIDERO WITH DEFAMATION SUIT.

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sonko
Nairobi Senator Mike Mbuvi Sonko who has sued Nairobi Governor Evans Kidero and the Star Newspaper for allegedly making defamatory statements against him in which he linked him with drug peddling at Milimani law courts.
BY SAM ALFAN.
Nairobi Senator Mike Mbuvi Sonko has finally sued Nairobi Governor Evans Kidero and the Star Newspaper for allegedly making defamatory statements against him depicting him as a drug peddler.
The defamation suit has been filed at Milimani court and will be placed before civil division court for directions tomorrow.
Prior to the filing of the suit, the senator had given governor Kidero seven days to tender apology over statements he made at public gathering in June 22.2015.
Sonko says that the governor has engaged in smear campaign against him by issuing defamatory statements, which are considered to be scandalous and malicious.
The governor was quoted saying that the senator is a drug peddler who is using his ambulances and hearses to supply drugs to the slums, which allegation have continued to disparage his reputation and has caused him to be shunned by friends.
Sonko runs a rescue team operating under name “Sonko Rescue Team” meant to assist the needy in the society and manage disaster in times of crisis, saying that associating him with crime is unethical.
The allegations by the governor have a far reaching detrimental effect on the senator, who is a public officer,
The senator through his lawyer Danson Mungatana, says that his charitable organization has started incurring huge loses as some of contracts for provision of services to the poor have been cancelled.
The lawyer will be asking the court to issue injunction the governor to desist from making similar utterances against the senator
The governor is said to have uttered the defamatory statements while addressing a public gathering in Mathare area Nairobi County on June 22 and same was published in the Star newspaper.
The article was carried with headline ” Kidero says Sonko is a drug peddler”.

JAILED TB PATIENTS WERE A THREAT TO PUBLIC.

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T.B VICTIMS SUE GOVERNMEN
Lawyer Allan Maleche (2nd left),leave Milimani law courts in the company of (left to right) Daniel Ngetich,Patric Kipngetich and Henry Ngetich after he filed a case challenging the government over detention and imprisonment of the three over absconding taking T.B medication and their compensation over the imprisonment on Jul 22,2015..

BY SAM ALFAN.
Two men jailed in 2010 for two months for having defaulted on their prescribed medical treatment for TB were detained for they posed danger to the public, Health Cabinet Secretary James Macharia has said.
Macharia filed a response in a case where two men, Daniel Ng’etich and Patrick Kipng’etich Kirui are seeking compensation for the physical suffering occasioned by the imprisonment.
They have sued the government, a magistrate Court in Kapsabet, Public Health Officer Nandi Central District Tuberculosis Defaulter Tracing Coordinator and the Health CS.
In replying affidavit, CS Macharia said that the Public Health officer made an application in court that the petitioners be imprisoned because a TB treatment if defaulted is likely to lead to multidrug resistant TB and extra drug restart TB which are very difficult and expensive to treat.
He said this would have caused great danger to the general population if the two were allowed to mix and interact freely with the public.
Macharia said that the two petitioners were taken through proper health education on need to adhere to treatment and warned if they default, legal compulsive approach of confinement would be used on them.
“Despite the Public Health Officer educating the petitioners on the aforementioned treatment options, they ignored to adhere to the guidelines on treatment and went ahead and defaulted in taking their medication,” said the CS in suit papers.
Macharia said the Public Health Officer tried in vain to look for the two petitioners so that they could take their drugs but calls to them went unanswered and manty visits to their homes were unfruitful.
He said when the Public Health Officer failed to locate them ,he proceeded and had the two men arrested and arraigned in court for failing to take TB medication prescribed for them.
“The Public Health officer sought court order to have the two petitioners detained at the Kapsabet G.K prison because they defaulted in taking medication and their actions exposed the general public of Kiropket area and their immediate families to the risk of TB infections,” he said.
The two were arrested on August 12, 2010 and pleaded guilty to having severally defaulted on their prescribed medical treatment for TB.
The court ordered that they be confined in prison cells for eight months. However the two were released after serving two months following interventions from civil society organizations.
Through their Lawyer Allan Chesa Maleche,the Executive Director for Kenya Legal and Ethical Issues Network on HIV/AIDS(KELIN),the two seeks to challenge the widespread of practice adopted by Public Health officers in seeking to confine TB Patients in prison for purposes of treatment.
Their Lawyer Chesa Maleche argued that the Prison Act does not provide for isolation facilities for TB Patients and holding TB Patients in prison not only put a risk to the other prisoners but to the prison wardens and their family members.
High court Judge Mumbi Ngugi directed that the petitioners file further affidavits within 21 days.
The case will be heard on November 2.

PRINTING FIRM SEEKS SH 83 MILLION FROM KNHA DIRECTOR GENERAL..

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IKO PRINT MEDIA COMPANY AWARD FOR BILLBOARD (1)

Lawyer Patrick Lutta for Iko Print Media argues an application before Justice Mumbi Ngugi, seeking to order the director general of Kenya National Highway Authority to pay the media an award of Ksh 70.5 Million which have generated to Ksh 83.64 Million which was awarded to the company for destruction of their bill board by the Authority on Tuesday 28 July, 2015.
BY SAM ALFAN.
Ikon Prints media company limited through it lawyer Patrick Lutta has moved to court seeking an order to compel director general of Kenya National Highway Authority to pay Sh 83.6 million being a judgment against the state corporation for pulling down its gantries that were elected along Toyota Kenya limited Westland Waiyaki highway.
The company has made several attempts to recover the money arising from judgment entered in its favor but it has not succeeded.
The print media company through lawyer Patrick Lutta, told the court that judgment was entered in favor of its client on November 7. 2014 and party and party cost has been taxed against the Kenya national Highway Authority at Sh 1.2 million.
He told Justice Mumbi Ngugi that the director general has refused to pay the decretal sum, saying that the state corporation is hiding behind the fact that the there is a statutory bar to attach the Authority’s assets.
Mr Lutta said that the director general is required by law to pay any judgment sum without delay.
He has sought in the application for an order requiring the attendance of Engineer Linus Tanui to appear in court to explain why the decretal sum can’t be paid to judgment holder.
Lutta told the judge that he further seeks that leave be granted for attachment of the Authority’s properties, saying that unless strict orders are issued by the court the director general will not pay money.
The court heard that the print media company to be allowed to execute the decree against all the properties of the Authority to recover the money owed.
“The frame time at which the state corporation should have the paid the money has expired and it’s only the court which enforce its own orders “said lawyer Lutta.
The continued delay in payment of the amount has contained in decretal sum is strain on public resources since the judgment is attracting interest at the rate of 12% per annum which amounts to Sh 750,000 per month.
The court directed the application be served upon the director general and the matter be heard inter parties on September 17.