BY SAM ALFAN.
Moi University may be compelled to pay Sh200million to Otto Mruttu and Partners Architects for professional services rendered more than five years ago.
The Court of Appeal has dismissed the university’s application for an extension of time to pursue it’s legal challenge against the debt.
Appellate Judge Sankale Ole Kantai has ruled that the intended appeal by the institution has no chances of success and the architectural firm will be prejudiced by the delayed payment.
“I agree with Otto Mruttu and Partners Architects of being prejudiced in the matter by prolonged non-payment of professional services rendered to Moi University. It is, in my view, in the interest of justice and public administration that unnecessary litigation should not continue to clog the judicial system where, as here, a litigant has readily admitted a debt he has not paid and says it wants to appeal,” the Judge pointed out.
In the contested ruling made by High Court Judge Mongare dated November 20, last year, the university was found liable upon it’s admission of the debt. “It is my considered opinion that the university is not deserving of my exercise of discretion in this matter,” Justice Sankale said.
He observed that the university’s Registrar of Administration, Planning and Development, Dr Peter Rutto, had conceded the indebtedness to the aggrieved firm. The university had initially paid Sh60million and claimed it was negotiating with The Treasury and Education ministry for funding to settle the balance.
Judge Mongare had set aside the default judgment and allowed the university to enjoin the two ministries which had been requested to provide additional funding. However, the university had let the matter to rest there.
Justice Sankale said the 45-day delay by the university in filing the application was excusable because of quorum hitches by the university’s board of management. The university’s Senior Legal Officer, Petroline Chepkwony had explained that the board met on December 19, last year and gave instructions for the filing of the application, which was lodged on January 4.
