Court orders City Hall to pay Ojienda Sh153m legal fees

Lawyer Tom Ojienda. [File, Standard]

Nairobi Governor Johnson Sakaja’s administration has been ordered by the High Court to pay the law firm of Prof Tom Ojienda over Sh153 million.

The money is legal fees for services rendered 11 years ago.

The bill arose from an industrial court case pitting the county government against Kenya's Local Government Workers Union.

The case involved the implementation of a collective bargaining agreement valued at Sh10.4 billion.

Justice John Chigiti issued an order compelling the Nairobi County government to pay Ojienda, who is also the Kisumu Senator millions of shillings on or before September 18, 2024.

Failure to pay Ojienda, Justice Chigiti warned that he would jail two senior county employees, Asha Abdi, the Chief Finance officer and Patrick Analo, the County Secretary for contempt of Court.

The judge also ordered Abdi and Analo to attend court in person in September for mitigation and sentence if the amount shall not have been paid.

Abdi who had attended court for committal was saved by a phone call from Sakaja to Prof Ojienda pleading for the court's indulgence to give him time to settle the debt.

Abdi had taken to the witness dock to explain why she should not be jailed for failing to pay the debt as directed by the court.

While she was in the process of explaining that by either July 6 or July 8 City Hall would have paid Sh35 million, Ojienda stood from the bar and asked the court to suspend the trial since he had received a call from the Governor (Sakaja) undertaking to settle the debt.

The judge was urged to stay the case until September to give city hall time to settle the debt.

Consequently, Justice Chigiti stood down Abdi from the dock and warned her that she would not escape the consequences of disobedience should the city hall not comply with the court's order.

“The ground below you is not a very good place to go. This court will not hesitate to send you there if this court's orders shall not have been complied with although it is not my wish to commit you to jail. If you do not comply, then I will have no alternative but do what the law requires,” the judge informed Abdi.

Chigiti noted the dispute has been pending in court for a long time thereby “forming part of the backlog cases.

The judge also directed the chief finance officer to comply with the courts' order if she did not want to spend some time in prison.

The County government, which was represented by Duncan Okatch assured the judge that the dispute will be settled before the mention date.

Okatch said that although the governor called the plaintiff (Ojienda), they agreed as politicians on settling the amounts but the word of Abdi is what binds the county government.

Abdi also told the judge that city hall has made some payments towards redeeming the debt.

She said some installments amounting to Sh35 million has been paid and that she will deposit into the account of the judgment debtor another Sh35 million either by July 5 or July 8, 2024.

“I plead for this court's indulgence to grant time to city hall to settle the debt,” Abdi begged.

Abdi had explained to the judge that when she requisitions the payment, the Controller of Budget does not authorize it.