A city businessman Patrick Wainaina Ngenga has suffered a major blow after losing a bid to claim Sh 100million from Nairobi county Government.
This is after High Court commercial division upheld preliminary objections from the county government.
“The preliminary objection by Garnishee filed on June 13,2018 is upheld”, ruled Judge Margaret Waringa Muigai.
Further Justice Muigai dismissed the businessman’s 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 had moved to court claiming Sh 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 Sh 34 million and later claimed Sh100 million interest.
However Governor Mike Sonko’s 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 against it offends the 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”, Said lawyer Harrison Kinyanjui for the county government.
He added that the businessman had sought Garnishee orders against the county government Revenue Account contrary to the constitution which provide the manner in which revenue accounts of the county government operate 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.
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