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.