Lawyer Patrick Lutta for Ikon Prints company limited which is seeking Sh 83.6 million from Kenya National Highway Authority corporation for pulling down its gantries that were elected along Toyota Kenya limited Westland Waiyaki highway
BY SAM ALFAN.
Ikon Prints company limited wants the court to issue an order compelling 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 on 7 November 2014 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 and party and party cost has been taxed against the Kenya national Highway Authority at Sh 1.2 million.
He told Justice Joseph Onguto, that if the court makes the order for payment has contained in the judgment and the same is not complied with alternative order for attachment its properties be issued.
Mr Lutta submitted that the time frame given to State Corporation to comply with judgment has since lapsed and there is a stay of execution from the court of appeal.
“Judgment ought not to be granted in vain and the applicant company is entitled to enjoy the fruits of its judgment” he said.
Mr Lutta told the court that the director general has refused to pay the detrital sum, saying that the state corporation is hiding behind the fact that the there is a statutory bar to attach the Authority’s assets, which provision does not exist in law.
Mr Lutta said that the director general is required by law to pay any judgment sum without delay.
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 continued delay in payment of the amount has contained in detrimental 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 judge said he will deliver his ruling on 2 November 2015.
