The High Court in Nairobi has opened the door for a consultant to pursue recovery of $1.75 million (Sh225.5 million) from South Sudan’s government arising from an alleged unpaid consultancy fees for Presidential advisory services.
The court allowed the consultant, Theodros Dagne, to serve the neighbouring country with the legal documents through its embassy in Nairobi.
The dispute revolves around $1.75 million (Sh225.5 million) claimed for presidential advisory services rendered in 2014 and 2022. The court ruled that the request to serve documents through diplomatic channels was justified and legally proper.
Dagne filed the case last September at the Milimani High Court in Nairobi against South Sudan’s Ministry of Presidential Affairs.
He entered into consultancy agreements with the ministry in 2014 and 2022 for a total of $1.75 million (Sh225.5 million). Dagne, a Kenyan resident, is seeking judgment for the unpaid fees from 2021 to 2025, plus interest.
Court documents indicate that Dagne initially worked under a United Nations Mission in South Sudan (UNMISS) contract, serving as a senior adviser to the president.
This was three years after the country gained independence and sovereignty on July 9, 2011, after seceding from Sudan.
Mr Dagne’s role involved advising on democratic governance, anti-corruption initiatives, and economic development. He later signed separate consultancy agreements with the ministry in 2014 and 2022.
The lawsuit demands $1.75 million (Sh225.5 million) in unpaid fees for 2021–2025, with interest accruing at court rates from September 2025 until full payment.
Since the ministry is a foreign entity, Dagne sought court approval to serve legal documents through diplomatic channels, specifically the South Sudan embassy in Nairobi.
The court referenced the Civil Procedure Rules, which govern the serving of legal documents outside Kenya. It emphasised that an applicant must demonstrate a valid cause of action and the defendant’s location.
“Once leave is granted to the applicant, the High Court assumes jurisdiction over defendants outside Kenya upon service of the summons,” the court stated, highlighting the complexities of cross-border commercial disputes and the challenges of litigating against foreign governments.
The application was heard ex parte due to the defendant’s foreign status. The court found that the request complied with legal requirements for serving documents outside Kenya.
With the court’s approval, Dagne can now proceed with serving summons and pleadings through diplomatic channels. The ministry will then have an opportunity to respond to the claims. If successful, the court could issue a judgment for the principal amount plus interest, converting the dispute into an enforceable decree.
The court’s approval is the first step toward recovery of the alleged debt. The merits of the case will be tested once the ministry responds to the allegations concerning contracts signed over a decade apart.
