, NAIROBI, Kenya, May 22 – Governor Mike Sonko has petitioned the Central Bank of Kenya to commence investigations against a prominent city law firm over payment of Sh75 million from the county’s bank account held at Co-operative Bank of Kenya.
The Nairobi Governor in letter dated May 11, says Kennedy Wainaina who acted for Tripple O. K. Law firm in seeking a payment of the colossal sum of money, may have acted contrary to the provisions of the law while seeking to attach the county’s bank account.
Sonko says that the County Government will also take up the matter with the Law Society of Kenya’s disciplinary committee.
“We have discovered with shock that the bank’s main lawyers Tripple O. K. Law acted for Wainaina by dint of the application dated July 12, 2017,” the letter reads.
Consequently when the matter came up for mention before the Justice Rachael Ngetich, Wainaina’s lawyer John Onyango Ohaga withdrew from representing him but gave no reasons.
Justice Ngetich allowed the bank’s new lawyer Gatonye Waweru to file a replying affidavit within 14 days and serve parties involved in the commercial dispute.
The judge ordered extension the orders stopping payment of the Sh75 million to Wainaina until all parties in the dispute put in their responses to the case filed by the County Government challenging the payment.
The County Government, through lawyer Harrison Kinyanjui moved the court seeking orders to stop execution of the interlocutory judgment entered on April 10, 2017.
The lawyer told the court that the order issued on July 12, 2017, and extended on May 2, 2018, together with the consent order made on July 19, 2017 and filed on July 20, 2017 should be vacated and set aside accordingly.
Kinyanjui said that the businessman has violated the constitution by attaching the County Government banks accounts at the Co-operative bank, Nairobi.
He pointed out that the Governor Sonko and County Secretary only became aware of the proceedings after the bank wrote to the Governor through letter dated May 8, 2018 notifying him the attachment of the county’s bank at the Co-operative bank of Kenya, Nairobi.
Kinyanjui added that there is need to stop execution through unlawful means as now sought to be levied against the defendant, as to do so the court will have aided the unlawful hemorrhage of public funds.
Kinyanjui said the said agreement was made out of control of the County as the counsel purporting to represent it had no such authority and it is no surprise that no defense was filed at all leading to an unlawful process.
“He said that all efforts to track and trace the said W.S Wasonga Advocate to ensure he explains the circumstances of filling a purported Memorandum of Appearance have failed, necessitating the county to appoint its advocates now on record and to seek the relief under the law, “he said.
He added that the county has appointed a Committee led by Prof PLO Lumumba to scrutinize all pending bills, and if the plaintiff perceived that his bill is genuine for settlement, he is not without relief to submit it for scrutiny and settlement, he not without relief to submit it for scrutiny and settlement.
“To execute the release of that money will be oppressive to the Nairobi County Government and it will have been condemned unheard,” said Kinyanjui.