The Milimani Law Courts in Nairobi.
What stands between the accounting officer of the Kajiado County Government and a possible jailing for contempt of court is the budget that the devolved government will pass by the end of June.
This is due to a long-running court case, in which the county was ordered to pay compensation to a hotelier for breaching the contract relating to the operation of two lodges inside the Amboseli National Park.
The Milimani Law Courts in Nairobi.
Since 2009 when Kajiado County’s predecessor was ordered to pay the fine, full repayment has not been made. The hotelier, Kilimanjaro Safari Club, holds in court that the outstanding amount has now ballooned to Sh1.1 billion due to interest earned, flouting of an April 2021 settlement, and the appreciation of the dollar.
The Amboseli Lodge in September 2023.
However, Kajiado says the balance is Sh292 million owing to a Sh392million agreement signed in April 2021 before the Solicitor-General, which saw the county pay Sh100 million afterwards.
The matter between the county and the hotelier was mentioned at the High Court in Milimani on Wednesday where Kajiado County’s lawyer, Cecil Miller, promised to ensure that this year’s budgeting process factors in the pending amount.
He told the court that by September, the “payments will have been put into the budgetary process”.
Justice William Musyoka, who set the next mention date for September 21 to allow for the inclusion of the funds in the county’s next budget, asked Mr Miller to “impress on your client” to provide for the payment.
He told Kilimanjaro’s lawyer, Ronald Wakhisi, “If there will be no compliance by that date, you’ll be at liberty to move for contempt of court.”
The Amboseli Lodge in September 2023. It is one of the hospitality investments that was by the Kilimanjaro Safari Club before disputes arose in 2007, leading to disruption of business and eventual closure.
The case has trudged on in the corridors of justice in different courts and judges for over two decades, and the contempt conversation has been in the picture since 2016 when Justice George Odunga found some officials guilty of contempt of court but suspended the matter.
In March this year, Justice Roselyne Aburili revived Justice Odunga’s ruling and put the county’s finance chiefs on notice.
“No longer can this court entertain flimsy excuses on non-compliance by the [county] who have no good faith or conscience at all. The decree holder continues to carry a barren decree,” the judge ruled.
Justice Aburili was later moved to another station and Justice Musyoka took over the file.
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