NAIROBI, Kenya, June 18 – A Nairobi businessman has lost a Sh100 million compensation claim he had filed against the Nairobi County Government.
Patrick Wainaina Ngenga lost the bid after the Commercial Division of the High Court upheld the preliminary objections from the county government.
The businessman had moved to court claiming the monies for a property allegedly transferred to him but which actually belonged to someone else.
The previous administration consented his claim and gave him Sh34 million but later claimed Sh100 million interest.
City Hall however moved to court to stop the suit against it and it was set aside.
The county Government argued that the institution of proceedings against it offends provisions of order 29 rule 4 of the civil procedure rules which expressly prohibits the grant of garnishee orders against the government.
“Contrary to the provisions of section 21 of the Government proceedings Act, the Patrick Wainaina instituted execution proceedings against the County Government,” lawyer Harrison Kinyanjui who was representing the county government said.
He added that the businessman had sought the orders against the County Government Revenue Account contrary to the constitution which provide the manner in which revenue accounts of the County Government operate.
He stated that the Public Finance Management Act further prohibits the operation of the county revenue accounts expect in accordance with the Constitution and approval from the controller of budget.