Chinese contractor to deposit Sh65m in ex-Machakos speaker house destruction suit

Machakos County Assembly Speaker Florence Mwangangi

Former Machakos County Assembly Speaker Florence Mwangangi. She and her husband have accused the Stecol Corporation of destroying their matrimonial home by blasting stones at a nearby quarry.

Photo credit: Pool

A Chinese firm has been ordered to deposit Sh65 million as security pending the determination of a petition filed by former Machakos County Speaker Florence Mwangangi, who accused the company of destroying her matrimonial home by blasting stones at a nearby quarry.

High Court judge Francis Olel directed Stecol Corporation to deposit the amount in a joint interest-earning account pending the hearing of the case brought by Ms Mwangangi and her husband Patrick M. Makau.

The judge said in a ruling on Wednesday that the security would ensure that the Chinese company did not obstruct the course of justice or evade the court process after reneging on an earlier deal.

“The plaintiffs (Makaus) have proved that they have a prima facie case warranting the court to direct the defendant to provide security before judgment,” said the judge adding that the money, or in the alternative, a bank guarantee, should be deposited within 30 days from the date of the ruling.

The couple told the court that their house was destroyed due to powerful explosions that occurred during stone blasting activities at the firm’s quarry at Katani in Mavoko.

They told the court that the house developed serious cracks in critical sections such as the beams, columns, walls, floors and roof, which ultimately compromised the safety of the said building.

Mr Makau said they initially went to court and obtained orders stopping the blasting of the stones, but the parties reached a compromise in August 2020 where Stecol Corporation agreed to build another house for the family. The proposed construction was assessed, costed and approved at Sh54.4 million.

However, the firm’s contractor abandoned the site after carrying out 10 percent of the construction work.

He said the contractor abandoned the site after laying the foundation because the Chinese firm allegedly failed to pay for the construction work and relocated its staff.

Mr Makau said it was not until towards the end of 2023 that they managed to trace the firm.

The Chinese company opposed the case arguing that it should be struck out with costs since the couple were raising the same issues that had been settled in the earlier matter.

Mr Wang Xiaoxiao, a director at Stecol Corporation, said they moved offices after securing two contracts with a government agency worth billions of shillings and were capable of paying the amount if the judgment is entered against the firm.

The judge said the conduct of the Chinese firm was despicable and must be frowned upon as it had ignored to implement the agreement reached by the parties in 2020.

“Given that part of this claim is yet to be proved, it will be just and equitable to direct the defendant to provide security for the undisputed sum and provide adequate interest thereon as security for the decree, which may be issued hereinafter,” said the judge.

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