Contractor sues Nyeri Catholic Archdiocese over Sh14m Nyaatha beatification debt

Catholic priests during a memorial service for Sister Irene Stefani Nyaatha in October 2015. A contractor has sued the Catholic Archdiocese of Nyeri for Sh14.9 million which he says the church owes him for work done during preparations for the beatification of Sister Nyaatha in 2015. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP

What you need to know:

  • He was to renovate and convert various units into self-contained units at a cost of Sh6.2 million.
  • Through Ishmael and Company Advocates, he argues that he undertook and satisfactorily completed the various civil works as contracted.
  • The church has insisted that Mr Kariuki’s company abandoned works on May 1, 2015 without notice.
  • Justice John Mativo directed the case be heard on March 10, 2016.

A contractor has sued the Catholic Archdiocese of Nyeri over Sh14.9 million which he says the church owes him for work done during preparations for the beatification of Sister Irene Stefani Nyaatha in 2015.

Mr Patrick Kariuki of Pakana Enterprises in Thika has sued the archdiocese’s trustees demanding to be paid a total of Sh14,929,760 and other general damages for the work he did.

The church has, however, lodged a counter claim, saying the contractor failed to finish the work he was assigned to do, demanding that he instead pays them at least Sh7 million.

In his petition papers Mr Kariuki argues that on diverse date in February 2015, he was contracted by the archdiocese to undertake major construction works and furnishings at the archdiocese’s Bishop Kirima hostels.

He was to renovate and convert various units into self-contained units at a cost of Sh6.2 million.

Through Ishmael and Company Advocates, he argues that he undertook and satisfactorily completed the various civil works as contracted.

CHURCH APPROVED WORK

The work was approved by officials from the archdiocese including the Father-in-charge.

“The defendants, upon satisfactory performance of the works, negotiated for additional assignments and works which included reconstruction of 40 units, fabrication of new furniture, painting works, demolition and conversion of units into VIP roads, repairing the dining hall and demolition of servant quarters into cottages all at a cost of Sh13,129,760,” he states.

He is seeking to be paid the agreed cost of the whole project and all general damages.

But the Nyeri Archdiocese’s trustees through lawyer Charles Karweru have filed a Sh7,409,620 counter claim against Mr Kariuki for damages and wages they say they paid to workers as a result of Mr Kariuki deserting his work.

According to the archdiocese, Mr Kariuki was contracted to repair and refurbish premises after he misrepresented himself as a company authorised to do engineering and construction works, which it latter emerged, was not true.

“The plaintiff abandoned works after he failed to meet the deadline. He also failed to pay his workers and there was a rebellion by his workers who literally threatened to burn down the archdiocese’s premises,” states Mr Karweru.

REVENUE LOST

The trustees have argued that Mr Kariuki’s company was meant to complete the works within 40 days so that the completed rooms could have been rented out to visitors from Italy who had already confirmed their booking at the rate of Sh9,000 per room and for 10 nights during the beautification of Sister Nyaatha.

“All the revenue from the 98 rooms was lost by virtue of non-completion and desertion by the plaintiff of the project,” he said.

Mr Karweru affirms that Mr Kariuki had already been granted a down payment of Sh4.4 million which he failed to properly utilise and which he should refund.

“For all the works contracted by the plaintiff’s organisation, all the material had been sourced and paid for by the archdiocese and at no time did Mr Kariuki provide any materials,” the church says.

The church has insisted that Mr Kariuki’s company abandoned works on May 1, 2015 without notice and after the workers threatened to burn down the church premises the archdiocese was forced to pay them.

The church wants him to pay for all the damages incurred in the whole project.

On Wednesday, Justice John Mativo directed the case be heard on March 10, 2016.