Sh18bn tender row to be settled out of court

What you need to know:

  • Mr Okeyo’s lawyer, Mr Charles Njuguna, supported the adjournment, arguing that the appeal was incompetent and lacked merit.
  • However, its lawyer, Mr Francis Wasuna, Thursday asked the appellate court to remove the case from its list, saying the parties had reached a compromise.

A case between the county government and a businessman over the award of a Sh18 billion waste management contract is to be settled out of court.

The devolved unit Thursday indicated that it was seeking an amicable resolution of the issues in dispute between it and businessman Erick Okeyo.

Mr Okeyo had challenged the award of the contract to Madam R Enterprises, a German company.

The High Court cancelled the tender in May.

The county government moved to the Court of Appeal, seeking to overturn the decision.

However, its lawyer, Mr Francis Wasuna, Thursday asked the appellate court to remove the case from its list, saying the parties had reached a compromise.

In a notice to the court, he said an amicable solution to the issues in dispute between Governor Jack Ranguma’s administration and the businessman was required.

“In the above premises, we propose to have the appeal adjourned to enable us set out and draft terms of settlement for approval by the Court of Appeal,” he said.

Mr Okeyo’s lawyer, Mr Charles Njuguna, supported the adjournment, arguing that the appeal was incompetent and lacked merit.

NO OBJECTION

“We have no objection to the request of the county government to have the case thrown out save for the costs that come with the appeal,” he said.

Lady Justice Wanjiru Karanja set February 3, 2015, as the date for the formal withdrawal of the case.

Mr Okeyo had accused the county government of flouting procurement procedures in awarding the tender meant to clear the county of solid waste.

The High Court held that the government had entered into an illegal tender and stopped its execution, setting the stage for the appeal.