Nakuru County officials face jail for failing to pay Sh83m legal fees

Nakuru County Secretary Samuel Mwaura, CECM Finance Iribe Njogu and Chief Officer Finance Samuel Ndegwa have been summoned in the High Court for alleged disobedience of court orders.

The three are supposed to appear before Judge Julius Nangea on September 16 for allegedly disobeying an order directing the County Government to settle a Sh83.86 million legal fees owed to M.J Okumu and Associates Advocates by August 3.

In a notice to show-cause, signed by Deputy Registrar Emmanuel Soita, the officials are to explain why serious actions should not be taken against them.

“A notice to show-cause is issued to you to explain why you should not be arrested and committed to civil jail for the default of payment of a decretal amount plus interest,” directed Soita.

The officials have until September 16 to ensure the Sh83.86 million debt, including interest and costs, is settled to avoid facing the court over the alleged disobedience.

Okumu claims Sh53 million as the outstanding amount for legal services his firm rendered to the county government.

The firm is also seeking Sh30.86 million in interest on the principal amount, calculated at 12 per cent per annum from January 19, 2021.

“The county owes Sh2,000 in court collection fees. It will also shoulder the costs of the application,” the judge ruled.

Okumu moved to court for the second time in April this year seeking payment of the outstanding dues. The county government did not file a response, prompting the court to allow his application as unopposed.

The firm applied for an order compelling the county government to settle the debt, having obtained a judgment in its favor on October 22, 2025.

In the main case, Lawyer Okumu testified on December 10, 2024 that he had a retainer agreement with the county government.

A settlement deed dated December 8, 2020 was executed, with the county fixing his law firm’s remuneration for services offered at Sh78.18 million.

Okumu said the county government only made a partial payment, leaving a balance of Sh53 million, plus applicable interest.

“The defendant defaulted from January 19, 2021, causing us to lose an opportunity to purchase a property we desired, resulting in embarrassment,” testified Okumu.

He further said his law firm risked being declared bankrupt after being deprived of the beneficial use of the money owed.

The county government did not participate in the case and neither entered an appearance nor filed a defence to the claim, despite being served with the relevant court documents.