Governor Mike Sonko has petitioned Central Bank of Kenya(CBK) to commence investigations against the Co-Operative Bank of Kenya now adversely mentioned in the excess payment of KSh 73 million from the county’s accounts domiciled at the bank.
The governor in a letter dated May 11 2018, says that law of Tripple O K. Law firm who acted for Kennedy Wainaina Ngenya in seeking payment of the millions may have contravened the law as it is also represents Co-op bank.
“We have discovered with shock that the main lawyers Triple O.K Law advocates also act for the decree holder…we now understand where the connivance and pressure was emanating,” the governor says in his letter addressed to Co-0p bank managing director.
Sonko says the County Government will also take up the matter with the Law Society of Kenya’s disciplinary committee.
He says the law firm may have caused the county to lose the money if the court did not intervene by issuing a restraint orders halting the payment to the businessman but and that “we shall be forced to pursue your bank(read Co-op bank) for recovery of any amount paid as well as the said law firm.”
Sonko wants CBK to “investigate the bank’s conduct regarding the payments done in this manner.”
The letter of complaint is copied to the Head of State and the Governor Central Bank of Kenya.
” We have discovered with shock that the bank’s main lawyers Tripple O. K. Law acted for the decree holder ( Wainana) by dint of the application dated 12 July 2017…” the letter reads adding that it is a reflection of a serious and grave conflict of interest.
Consequently, when the matter came up for mention before the Justice Rachael Ngetich, the decree holder’s lawyer, John Onyango Ohaga, withdrew from representing Wainaina, but gave no reasons.
Justice Ngetich allowed the bank’s new lawyer, Gatonye Waweru, to file a replying affidavit within 14 days and directed it be served to parties involved in the commercial dispute.
The judge extended the orders stopping the payment Wainaina, until all parties in the dispute put in their responses to the case by the county government.
Through lawyer Harrison Kinyanjui, the county government moved the court seeking orders to stop the execution of the interlocutory judgement entered on 10 April 2017.
The lawyer told the court that the Garnishee 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.
Need to stop execution
He pointed out that Sonko and County Secretary only became aware of the proceedings after the garnishee bank wrote to the Governor through letter dated May 8 2018 notifying him the attachment of the County’s bank account at the Co-op bank , Nairobi.
“Pursuant to Article 6(2)of the constitution of Kenya, the Government is Constitutionally structured into the National and County Governments, and in the circumstances ,Nairobi City County Government insulated against execution process envisaged pursuant to Order 23 Civil Procedure Act,2010,”said Kinyanjui.
He 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.
The agreement issued on May 2, 2018 will be made absolute absent and that is why we seek this Court’s intervention.
No defense was filed
Kinyanjui said the said agreement were 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, ”said Kinyanjui.
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.
The County has a good defense and it will be good if it will be heard before judgement is entered in this suit on merit.
He added that the application is urgent as Wainaina has already secured the said garnishee execution proceedings as acknowledged by the Co-operative Bank and it is imperative that the court intervenes.