BY SAM ALFAN.
Judiciary has been ordered to pay a security firm Sh36 million for breach of contract for terminating a tender to secure court buildings and judges residents.
Justice Alfred Mabeya ordered Judiciary to pay Sh.37,727,612 to Lavington Security limited.
The judge said evidence on record was clear that Judiciary delayed to settle invoices on time. He noted that Judiciary paid part of the claim after the suit had been filed.
“In the premises, I find that the defendant is liable to pay interest on the delayed amount,” he said.
In the ruling, Justice Mabeya said the security company had pleaded and proved a total sum of Sh19,859,709/30 as in interest due as at the date of filing fees.
He said that amount was allowed as there was prove of delayed payment and the principal sum shall continue to attract interest at the rate of 14% per annum.
“Accordingly, the Court finds that the plaintiff has proved its case to the requited standard and judgment is hereby entered in its favor,” court ruled.
According to the judgement, Sh. 5,171,375/68 million for services rendered at the court’s premises together with interest thereon at the rate of 14% per annum from August 5, 2018 until payment in full.
The security company entered a contract with the Judiciary between January, 2015 and October, 2017 at a quarterly consideration of Sh. 59.4 million.
The company said it rendered the services in accordance with the contracts and to the Judiciary’s satisfaction.
However, Judiciary defaulted in payment of part of the agreed contract price.
In defence dated January 21, 2019, Judiciary denied the claim by Lavington and contended that the suit was incompetent, bad in law, fatally defective and an abuse of the process of the court.
According to the Judiciary, the alleged contract agreement violated the provisions of the Public Procurement and Asset Disposal Act and was therefore null and void ab initio.
Judiciary added that even if the contract was valid, the security company failed or neglected to supply the services for which the contract was entered into.
Both Judiciary and the security called their various staff to testify on their favor.