BY PRUDENCE WANZA – Businessman Patrick Wainaina Ngenga has lost his bid to claim 100 million from Nairobi County Government.
This is after high court upheld preliminary objections from the county government.
“The preliminary objection by Garnishee filed on June 13,2018 is upheld”, ruled Judge Margaret Muigai.
Judge Muigai dismissed the businessman application with cost.
The judge said the Garnishee by the county government was properly before court and raised preliminary objection only in regard to Garnishee process and by the virtue of law it is not the proper procedure against county of Nairobi.
Wanaina was claiming 100 million ” compensation ” from the county for a property allegedly transferred to him but which actually belonged to someone else. The previous administration “consented ” to his claim and gave him 34 million and later claimed 100 million interest.
The Governor Sonko administration moved to court to stop the Garnishee against it which was set aside by the high court.
The county government argued that the institution of Garnishee proceedings offends the provisions of order 29 rule no. 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, Patrick Wainaina instituted execution proceedings against the county government”, Kinyanjui told the court.
He added the businessman had sought Garnishee orders against the county government Revenue Account contrary to the constitution which provides the manner in which revenue accounts of the county government operates and section 109 of the Public Finance Management Act prohibits the operation of the county revenue accounts expect in accordance with the constitution and approval from the controller of budget