Independence party Kanu is seeking court orders to stop the sale of its iconic Nakuru building due to a Sh212 million electricity bill allegedly owed to Kenya Power.
In documents filed at the Court of Appeal in Nakuru, Kanu aims to halt the auction of the property, following a judgment issued on August 7, 2009, by Judge J.B. Havelock.
Kenya Power, according to the judgment, is seeking to recover Sh212,816,986.00 plus interest at court rates from the date of filing the suit until full payment.
The power utility filed the suit in 2004 against the party’s office bearers, claiming Kanu had defaulted on electricity payments for eight years.
In a recent ruling on November 30, 2023, Judge Josephine Wayua Wambua Mongare allowed Kenya Power to proceed with the sale of the property.
Time-barred
Kanu’s lawyer Kipkoech Ng’etich confirmed the filing of an appeal against this decision and is seeking a stay of execution.
He explained that Kenya Power has already engaged an auctioneer with a public auction for the sale of the property, known as Nakuru Municipality Block 9/31, set for November 4, 2024.
The party argues that the 2009 judgment is now time-barred and cannot be executed.
“The judgment of August 7, 2009, and its subsequent decree is statute-barred, and its intended execution via public auction will be illegal,” reads the application filed in court.
Kanu is seeking to stop the auction, stating it risks losing the property, pending the outcome of the appeal.
Party Secretary General George Wainaina, in an affidavit, said the appeal would be rendered futile if the sale proceeds. He argued that court judgments must be executed within 12 years of delivery; otherwise, they become legally void. Wainaina contended that Kenya Power had been slow to act on the judgment and should not be allowed to enforce a “stale” decree.
However, Kenya Power’s Legal Services Manager, Jude Ochieng, blamed the delays on numerous applications filed by the party over the years and urged the court to dismiss Kanu’s latest application.
