Judge warns AG for 'frustrating' hearing in Sh60bn suit against DoD

The Attorney-General (AG) is frustrating a High Court hearing in a Sh60 billion suit involving the Department of Defence, a judge said on Monday.

Environment and Land Court Judge Lucy Gacheru has now given the AG the last warning in the case, in which the Nairobi County government claims ownership of the 3,000-acre land on which the Embakasi barracks stands. The county is also seeking compensation for the land.

Justice Gacheru was reacting to a request by a lawyer representing the AG's agent, Mr Francis Njoroge, who was held up in another case, to adjourn the case to a later date.

“This is not the first time the AG is seeking an adjournment yet when we met last in this court, today’s date was given by consent by all parties present.

“I gave specific orders on this matter but the AG has come with the same excuses to delay the proceedings,” she said.

The NCC, through lawyer Donald Kipkorir, is seeking to have Department of Defence (DoD) compelled to pay it more than Sh61.5 billion for illegally acquiring the 3,078.12 acres of land on which the Embakasi barracks is built.

Mr Kipkorir protested the request for the case to be adjourned to enable Mr Njoroge, who has instructions to defend the DoD, to be present in court.