Contractor seeks orders to freeze Moi University's bank accounts

The company wants 36 National Bank accounts operated by Moi University attached due to the debt.

“The court should order the accounts attached and the money be paid to Vishva Builders Limited through its account number at Standard Chartered Bank Limited,” submits Havi.

Further, the company wants five Moi University accounts at Co-operative Bank Limited frozen to recover the remaining debt.

The contractor wants the court to order the attachment of 12 accounts operated by the university at Kenya Commercial Bank Limited (KCB).

“Following the debt due to Vishva and owing from Moi University, under the decree issued on July 29, 2019, two Standard Chartered Bank Limited Accounts be attached and the money be paid,” Havi submits.

The company is also demanding the attachment of six bank accounts in Access Bank Limited, two accounts in Equity Bank Limited and five accounts in Absa Bank Limited, owned by the university.

Havi has listed the seven banks as interested parties in the Notice of Motion before the court.

The company also wants the seven banks to be summoned and show cause why they should not pay the debt owed to Vishva.

According to Havi, the university debt is Sh109.32 million as per a decree dated July 29, 2019, plus Sh23.42 million as per the Bill of Costs dated November 8, 2019.

“The respondent (university) has to settle the debt despite requests by the company, even after the university gave the applicant (Vishva) a payment plan four years ago,” submits Havi.

The company’s court papers show that on May 24, 1990, it tendered a contract worth Sh476.37 million with the university.

A formal construction contract that was expected to last 130 weeks from June 21, 1990, was signed.

Vishva said it raised a certificate for complete works amounting to Sh242 million, but the university only paid Sh57 million, defaulting on Sh185 million.

The university said the agreement was never executed by the law as the Bill of Quantities (BQ) was never executed.