The University of Nairobi entrance. The Kenyan government has mandated that all payments to the University of Nairobi be made via the eCitizen platform. FILE PHOTO | JEFF ANGOTE | NMG
The University of Nairobi has been allowed to challenge a Sh193.8 million award granted to a quantity surveyor that was knocked out by a consortium of professionals during the construction of UON Towers.
A bench of three judges of the appellate court ruled that the delay in filing the appeal against the award, which was made in November 2017, was excusable and dismissed objections by Songa Ogoda & Associates.
The company sued the institution after its appointment as quantity surveyor was terminated in January 2013. The firm was part of a consortium of professional consultants picked for the construction of the UoN Towers.
“We find nothing on the record as put to us to suggest that the learned Judge misdirected himself in any of the matters falling to be considered; or that he arrived at a wrong decision; or that he was wrong in the exercise of his unfettered discretion,” Judges Kathurima M’Inoti, Imaana Laibuta and Grace Ngenye said.
The Tribunal that heard the case gave the award in November 2017, directing UoN to pay the firm Sh193.8 million.
The company then moved to court in 2019 seeking to enforce the award but UoN filed an application to overturn the compensation.
Songa & Ogada Associates then raised an objection on the ground that the case was brought three months late.
