The High Court has directed the National Land Commission (NLC) chief executive to pay law firm Tom Ojienda & Associates Sh29.5 million in fees for representing the commission in a land dispute.
Justice Jairus Ngaah allowed the application by the law firm after finding that the commission had failed to pay the money as directed.
Prof Tom Ojienda, the managing partner of the law firm, said a certificate of taxation was issued on August 15, 2023.
After refusing to honour the demand, the firm obtained a judgment against the commission for S22.1 million on October 30, 2023.
“Accordingly, I allow the applicant’s (the law firm) application to the extent that the order of mandamus is hereby granted compelling the second respondent (NLC boss) to pay the applicant in terms of the certificate of order,” the judge said.
Prof Ojienda, also the Kisumu Senator, represented NLC in a case before the Environment and Land Court between Afrison Export Limited and the Education ministry and others. The law firm filed a bill of costs and obtained a judgment on November 30, 2021. The bill of costs was taxed at Sh22.1. The interest as of March 2024 stood at Sh7.4 million.
Prof Ojienda submitted that considering that the judgment or decree or the certificate of order against the NLC had not been challenged nor suspended, the law firm was then entitled to enforce payment.
In the decision, Justice Ngaah noted that the government is insulated from attachment or the process of execution by section 21 of the Government Proceedings Act.
The judge said in the face of the protection from execution or attachment, the only available route open to the law firm was to compel the CEO of the commission to perform his statutory duty and pay what has been decreed as due and owing.
“The applicant has demonstrated that he extracted a certificate of order against government and that the same was duly served upon the respondents,” the judge said.
The court said the NLC did not deny having received the certificate of order.
“Most importantly, the 2nd respondent, as the accounting of the National Land Commission has not discharged his duty and paid the sums due to the applicant,” said the judge.
