In a request filed in court in January, the CoG sought orders to suspend the implementation of the decree a magistrate issued on September 23, 202,1 allowing the law firm to claim its dues.
Justice Anthony Ndung’u rejected the request and said the issues that CoG wanted to argue had been dealt with by the court in a similar previous application that was dismissed in March 2021.
The law firm had attempted to auction the assets but withdrew its intention after the auctioneers were allegedly obstructed by administration police and the CoG lawyers.
The Council of Governors has failed in its bid to bar a Nairobi-based law firm from demanding payment of a debt of Sh6.7 million, paving the way for a resumption of plans by the advocates to auction assets of the governors’ group to recover the dues.
The debt accrued from legal services rendered to CoG nine years ago by the firm, Nyakundi & Company Advocates, which had last year attempted to auction the lobby’s assets.
In a request filed in court in January, the CoG sought orders to suspend the implementation of the decree a magistrate issued on September 23, 202,1 allowing the law firm to claim its dues.
But Justice Anthony Ndung’u rejected the request and said the issues that CoG wanted to argue had been dealt with by the court in a similar previous application that was dismissed in March 2021.
“According to the extract of the (earlier) ruling, the court made a finding that there was no dispute as regards the amount of costs and that the advocate was entitled to judgement. This issue was addressed with finality by the court and cannot be reopened as the client now purports to do,” said the judge.
The law firm had attempted to auction the assets but withdrew its intention after the auctioneers were allegedly obstructed by administration police and the CoG lawyers.
The firm said it was issued a decree by the court allowing a claim of the dues last September and applied for warrants of attachment against the CoG. The warrants were issued to Moran Auctioneers, which proceeded to attach the assets and issued a seven days notice.
Through lawyer Assa Nyakundi, the firm said the auctioneers went to the said premises as bailiffs but advocate Eugene Lawi summoned APs preventing the said auctioneers from undertaking their duties.
The auctioneers approached the court for police protection but CoG remained adamant forcing the auctioneers to return the warrants to court to prevent a confrontation.
Mr Nyakundi said that he hosted COG representatives including Jane Ogamba, Mr Lawi and Joyce Chepkoech in a meeting on December 3, 2021, in his chambers where they informed him that the debt was contested.
They told him that there was an agreement as to legal fees to be paid which amount had been fully paid and a deposit on counsel’s legal fees for services.
COG later filed an application in court seeking permission to argue its objection against the claim.
