BY PHEOBE WANJOHI.
Four senior officials of Nairobi County have been ordered to pay a 90-year-old widow Sh12 million for illegally auctioning her property in Kariobangi South.
The four officials are County Chief finance officer Hallake Wako, County Executive Committee Member -Finance Allan Esabwa Kambi, County Attorney Lydia Kwamboka and Officer Jairus Musumba were at the same time warned that they risk being committed to civil jail, by failing to comply with the order.
“I order that the matter will be mentioned again on May 31, 2021. I want to be informed that at least half the amount has been paid,” ruled Judge Joseph Sergon.
Judge Sergon had ordered City County to pay the woman Sh12 million in fulfillment of the court order that had been in a 2003 case, but the county had allegedly declined to obey the order.
“The order of Mandamus be and is hereby issued compelling City County to pay the old lady according to the high court orders,” added Sergon while issuing the orders on December 17,2018.
Through lawyer Wangira Okoba, the widow Phanice Ondeche Asitiba argued that her rights were infringed by the County when it auctioned her property through its agents and sold it without compensating her for damages.
“My client was seeking compensation for general damages calculated on the basis of the lost rent from September 1993 to dates,” added Okoba. Sergon when the matter came to conclusion declared that the sale by public auction of L.R. No.12062/316(V7035) by the county through its agents is declared unlawful.
When the matter came up for the officials to show cause why they should not be committed to civil jail, the officials sought to raise arguments related to the validity of the warrants but the court was adamant that all that was required was a proposal on how they intend to clear the debt.
The court told them they will continue enjoying their freedom up to May 31, when they are expected to have come up with a written and workable way of settling the debt.
On April 29, 2021 the four who appeared at Milimani Law Courts under warrant of arrest, were granted a bond of Sh100,000 each to secure their freedom pending the mention of the matter.
He ordered the county to pay the woman the money for the land that was sold to innocent third parties.
Lawyer Okoba submitted that the County has refused to pay the sum despite several reminders.
He said that Phanice is an elderly woman of over 90 years and has no person to rely on and needs money for medication which she cannot get until her money is paid.
“The county servants have become elusive and have totally refused to heed to court’s orders to settle the decretal sum,” added Okoba.
He further directed them to return back to court on May 31 to confirm whether they have paid the money as earlier ordered.
