The Managing Director of Turn-O- Metal Engineers Company has told court that the company rendered some services to the Ministry of Medical Services but they failed to properly pay.
Surinder Sighn Birdi said during his testimony that they provided drilling, construction and development of boreholes in the North and North Eastern and Central Kenya hospitals.
The company is seeking over Sh 100 Million compensation for special damages from the Ministry of Medical Services.
Through lawyer Isaac Wanjohi of Michael Daud and Advocates, the company claims to have entered into an agreement with the Ministry of medical services on 17th November 2005, being contract number WBH/03-01, lot 1 and 4 (ZONES and D) where they were to provided the above services.
“This was effectuated by the acceptance of a bid by the plaintiff which execute the drilling of boreholes for water supply for hospitals in the aforesaid region and when instructed by the Ministry,” said the complainant.
Further, the court heard that the Ministry, in total breach of the agreement, blatantly frustrated the Turn-O- Metal Engineers Company in effectuating the drilling of the boreholes.
“This made it impossible for us to complete the work on time, leading to extension of the time on the site,” said Birdi.
Birdi added that some of the frustrations were delay in granting possession of the site to him hence delay in the commencement of work, lack of supervision and proper instructions, Failure to provide the necessary boreholes statutory documents and cancellation of lot 5/Zone E.
He also said that the Ministry provided late and improper payments and they are now seeking for the payment of special damages amounting to Sh 101,939,381.79, being the sum payable for the services rendered.
“Despite demand and notices of intention to sue the Ministry and the Attorney General have refused to pay the above said outstanding money owed to me,” said Birdi.
In their response, the Attorney General and the Ministry of Medical Services said they are strangers to some of the paragraphs in the complaint and put the company to strict proof.
They said that they are not aware of existence of any valid agreement with the company as alleged and if any which is expressly denied, the same according to them was invalid and contrary to the public procurement and regulations and put the company to strict proof.
“The suit in court is incompetent and the defendants shall at the hearing raise a preliminary objection on point of law to have the entire suit struck out and be dismissed,” said Callen Masaka, Litigation Counsel for the AG.
The hearing continues on 17th July.