BY NT CORRESPONDENT.
Nairobi Governor Mike Sonko has thwarted an attempt that could have caused Nairobi County government more 6.2 million after a lawyer recorded consent in court without authority from city.
The governor upon being informed by the bank moved to court and managed to suspend an order requiring it to pay a law firms sh 6.2 million.
The orders had required the county’s Cooperative Bank Account, City hall branch to release the money to the law firm following a consent order.
But Sonko told the court the consent was entered without the county’s approval.
In a ruling, Chief magistrate Edna Nyaloti ordered the order obtained by Ondabu and Advocates Company be set aside pending hearing of the case.
This was after Governor Sonko appeared in court and informed her that the orders requiring the county’s Cooperative Bank Account, city hall branch to release the funds to the law firm was wrongfully obtained.
The Governor said the a consent order was entered without the county’s approval between the law firm and Borabu Mp Ben Momanyi, the lawyer who was representing the county in the matter between it and General Suppliers Limited.
“The consent issued on April 16,2018 is hereby set aside pending interparties hearing of this application,” the Magistrate ruled.
According to a ruling delivered by Justice Fred Ochieng, one cannot attach the property of the county which is being held by the bank.
“The nett result is that there is no need to go into the substance of the garnishee application as court order that the funds of the Government, which are in the hands of any Garnishee, be attached” ruled the judge.
According to Government Proceedings section 21(5) state that- “This section shall, with necessary modifications, apply to any civil proceedings by or against a county government, or in any proceedings in connectiin with any arbitration in which a county government is a party”
In the dispute General Suppliers limited had moved to court seeking payment from the county, and on Monday, April 16, the matter was settled after the lawyers signed a consent to pay Sh 6,234,829.65 .
On April 17, the County’s acting chief Finance officer Ekaya Alumasi advised the county to forward the matter to the Pending Bill Committee which is still undertaking verification of all unclear bills, for scrutiny .
The bank informed the county that it had received a garnishee order requiring it to release the funds to the law
According to the finance officer, PFM Act 2012 requires all revenue collected by the county government be swept to Central Bank of Kenya and further mandates the controller of Budget to approve all payments drawn from the County revenue account.
Borabu MP Ben Momanyi may be compelled to refund Nairobi City County more than Sh58 million out Sh60 million that was paid to his law firm in 2015.
This is after the High Court dismissed a case seeking to appeal a decision by Deputy Registrar EW Mburu, who awarded Momanyi & Associates Advocates Sh1.3 million instead of more than Sh800 million the legislator was demanding from City Hall.
In a ruling dated July 11, 2017, Justice George Odunga dismissed Mr Momanyi’s application seeking to have his claim for legal fees placed before a High Court judge for determination.
Momanyi (pictured), who is also a commissioner with the Parliamentary Service Commission (PSC), was contesting a decision by a deputy registrar of the High Court to slash his fee to just Sh1.3 million.
The MP’s law firm originally demanded Sh1.1 billion from the county government for appearing in court on behalf of City Hall in a case filed by then Embakasi MP, now Kiambu governor, Ferdinand Waititu.
On March 17, 2016, Momanyi billed City HallSh1,130,550,288.50 as the cost for appearing in the case on grounds that it was premised on the Sh25 billion damages that Waititu sought. The MP raised an interim fee note of Sh968 million on August 21, 2013.
The same advocate who is Borabu MP Ben Momanyi may be compelled to refund Nairobi City County more than Sh58 million out Sh60 million that was paid to his law firm in 2015.
This is after the High Court dismissed a case seeking to appeal a decision by Deputy Registrar EW Mburu, who awarded Momanyi & Associates Advocates Sh1.3 million instead of more than Sh800 million the legislator was demanding from City Hall.
In a ruling dated July 11, 2017, Justice George Odunga dismissed Mr Momanyi’s application seeking to have his claim for legal fees placed before a High Court judge for determination.
The magistrate has directed parties to appear before her on April 25.
