Nairobi County Government is yet to file a proposal on how it will settle Sh 12 million old lady debt as ordered by the court.
When the matter came for mention virtually before High Court Judge Joseph Sergon yesterday, he was informed that the proposal by the County has not been tabled to court.
The court heard that the proposal had not been placed on the court file since it was filed on 28/5/2021.
The court directed that the matter be mentioned on 7/6/2021 to allow the proposal to be placed on record for the court’s consideration.
Lawyer for the old lady debtor Wangira Okoba has since said that the victim will oppose the proposal by the County because it is against the order.
“We are opposed to what has been filed by the county since it does not make a concrete offer and yet our clients have been chasing justice from the year 2021,”added Okoba.
In the case, the High Court has ordered four senior Nairobi Country officials to pay a 90-year-old widow Ksh12m in damages for auctioning her property without giving her rightful share.
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.
The court warned the four accused that they risk civil jail if they fail to comply with the court orders.
“I order that when the matter will be mentioned again on May 31, I want to be informed that at least half the amount has been paid,” judge Joseph Sergon ruled.
The order to pay the woman was issued in 2018 after a successful petition by Phanice Ondeche Asitiba and Patrick Atenya Asitiba.
Judge Sergon ordered the City County of Nairobi to pay the woman Ksh12M in fulfilment of the court order that had been issued in high court civil number 1115 of 2003 but the county allegedly declined to obey the directive.
The matter came up for notice to show cause why they should not be jailed.
Through lawyer Okoba, the widow argued that her rights were infringed by the county when it auctioned her land in Kariobangi South, Nairobi county.
“My client was seeking compensation for general damages calculated on the basis of the lost rent from September 1993 to date,” Okoba added.
Justice Sergon declared the sale of the land by public auction unlawful.
The matter will be mentioned on June 7,2021 to confirm compliance and hear the proposal.
