Orbit Chemical wants solicitor-general jailed over Sh11.4bn court award

Chemical firm Orbit wants Solicitor-General Njee Muturi jailed for refusing to settle an Sh11.4 billion award following a protracted court battle over a 92.2-acre piece of prime land near Jomo Kenyatta International Airport, Nairobi.

Orbit Chemical Industries says Mr Muturi has failed to settle the award issued by the court in 2012 and should be compelled to explain why he should not be cited for insubordination and contempt of court and be personally committed to civil jail.

“We also seek orders compelling the solicitor-general to settle the decretal sum of Sh6,015,113,000 with interest at court rates from March 4, 2008 and costs as agreed between the parties in the settlement agreement within 14 days,” argues lawyer Christine Oseko.

The delay to settle the Sh6 billion, with interest totalling Sh11.4 billion, is proving costly to the Treasury.

Lawyer Oseko argues that public policy dictates that litigation must come to an end and in particular where there is need to protect public funds from being wasted through accumulating interests.

The land in Nairobi’s Embakasi area was initially owned by Orbit but the government, through the Ministry of Lands, placed a caveat on it in September 1987 stopping any development on it.

The matter was litigated in court for over 20 years and in its case, Orbit sought general damages against the government and the removal of the caveat, saying the Registrar of Lands lacked authority to place a caveat.

In her ruling in 2012, Lady Justice Roselyne Nambuye held that Orbit was entitled to the amount. The judge said the firm had convinced the court that Treasury had agreed to pay Sh6 billion, an amount arrived at by consent.