It is a blow for businessman Patrick Wainaina Ngenga after the court dismissed his application to claim Sh 100 million from Nairobi County Government.
High court judge Margaret Muigai upheld Garnishee preliminary objections filed by the County government. Wainaina’s application was dismissed with costs.
The judge said the Garnishee by the county government was properly 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 is seeking compensation for a property allegedly transferred to him but actually belonged to someone else. The previous administration allegedly consented to his claim and gave him 34 million but later claimed the 100 million as interest.
The Governor Mike Sonko’s administration moved to court to stop the Garnishee against it.
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.
Lawyer representing the county argued 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.
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.
