A High Court judge has failed in his bid to obtain an order compelling the Trans Nzoia County Government to pay his dues of Sh3.4 million earned from legal services rendered when he was practising as a lawyer.
Justice Prof Nixon Sifuna, who was trading as Sifuna & Sifuna Advocates prior to his appointment to the Judiciary in 2022, wanted the court to issue orders compelling the county government to pay him the sum, which was a combination of two fee notes of Sh1.7 million each for representing it in a Kitale Court in 2014.
His contention was that the county government has despite continued issuance of revenue from the exchequer, failed to pay the said costs, which continue to accrue interest.
He accused the devolved unit of employing delaying tactics to defeat the settlement of the sum.
But Judge Anthony Mrima struck out the request on grounds that the same was premature even as he asked the devolved unit to pay Prof Sifuna his debt since there is a valid decree in force.
In his application, Prof Sifuna indicated that although a decree had been issued awarding him the amount of money the same was yet to be paid.
He wanted the county government, the county executive committee member of Finance, the chief officer of finance and the county secretary compelled to satisfy the decree.
Justice Mrima said Prof Sifuna had not complied with provisions of Section 21 of the Government Proceedings Act in regard to the execution of court orders against a county government.
The judge noted that there was no evidence Prof Sifuna had obtained the Certificate of Order and the Certificate of Costs as required by the Act.
“In this case, there is neither evidence of issuance of the Certificates nor service thereof on the Respondents or their advocates,” said Judge Mrima while sitting at the High Court in Kitale.
“Having said so, this court implores upon the Respondents to consider settling this matter amicably for the simple reason that there is a valid decree of the court and that the liability grows, so to say, by the day.”
