BY SAM ALFAN.
Kisumu Senator Tom Ojienda has moved to court seeking orders to compel Nairobi City county government to pay him Sh5.1 million.
Prof Ojienda, who is also an advocate of the High Court, accuses the county government of failing to pay him for legal services undertaken on behalf of the county.
He has named the County Executive committee member for finance, county secretary and county chief finance officer as respondents in the case.
“The Applicant(Prof. Ojienda) is therefore seeking leave of this Court to file an application seeking an order of mandamus to compel the Respondents (County Government) to settle the amounts owed, that is Sh. 5,112,445.24,” says Ojienda.
He said despite being aware of the sums we’re due and owing for legal services rendered, the county government have to date failed or refused to settle the decretal sums.
Prof Ojienda said the debt has been pending for over five years now and he is left with no other recourse other than to seek refuge from the Court, hoping that it will be reimbursed for legal services rendered to the county government.
In a different matter, Ojienda confirmed to the court he was paid Sh15 million by the County government on Friday.
The lawyer told the court that an Advocate-Client Bill of Costs dated 16th January 2019, which Bill arose out of a Court Judgement in the parent file, Petition No. 315 of 2014; Wycliffe Indalu Adieno vs City Council of Nairobi, Attorney General & Nairobi City County Assembly in which he represented the County Council of Nairobi (now County Government of Nairobi).
The Deputy Registrar of the High Court then taxed the Bill of Costs dated 16th January 2019 at Sh. 3,585,785.00 in a Rruling delivered on 9th October, 2019.
The Deputy Registrar also issued a Certificate of Taxation dated 10th January 2020 of Sh3,585,785.00 against the County Government of Nairobi.
He adds that at the time of Taxation, the County Government was represented by the firm of Munyasya & Company Advocates who entered appearance and even filed submissions dated 8th July 2020 in opposition to the Ojienda’s Bill of Costs.
On 7th June 2021, Judgment was entered in favour of the Applicant for the payment Kshs. 3,585,785.00 and an Order issued on 7th June 2021 for the same.
Subsequently, the Applicant extracted a Certificate of Order against Government and on 24th February, 2023.
The Certificate of order directed that the sums payable by theNairobi County to Ojienda were principal amount Sh. Interest at 14% p.a from 10th February 2020 to 24th February 2023 Sh5,112, 445.24
Ojienda proceeded to serve the county with reminders dated 27th March 2023, 2nd May 2023 and 3rd July 2023 requiring the county to settle the decretal sum of Sh. 5,112,445.24 to no avail and further filed affidavit of Service dated 3rd July 2023 depicting proof of service.
