Three Bank accounts operated by the Bungoma government were frozen for eight days following a court order, bringing all county activities to a standstill.
The order was issued to the managers of the National Bank, the Equity Bank and the Kenya Commercial Bank on December 17.
"It is ordered that all debts owing or accruing due from the garnishes to the judgment debtor, including money in respect of the National Bank, Equity Bank and Kenya Commercial Bank be attached to answer the said decree for the sum of Sh2,959,968 inclusive of costs and interest as at 17/10/2016," the order reads.
The accounts were frozen from December 17-24, after the county government failed to pay Malakisi resident Jane Wasike, who on November 7, 2009, then an expectant woman had been admitted to Bungoma District Hospital.
Two doctors from the Bungoma Referral Hospital – Dr Samuel Kamau and Dr Cleophas Kubasu – performed a caesarian section on her, but left gauze in her abdomen.
In a sworn affidavit, Wasike said she fell seriously ill.
She moved to court and the High Court in Bungoma ruled that the two doctors were negligent and reckless.
On November 25, 2014, the court ordered that Wasike be paid Sh2,134,000 in damages.
Then Bungoma Health chief officer Benard Mureka said Wasike's money had been paid through lawyer Henry Makhakara. He said the lawyer ran away with the money.
“We paid the money through lawyer Henry Makhakara, because the Ifmis only pay prequalified companies,” Mureka said.
Several warrants of arrest were issued against the lawyer, but he has evaded arrest.
After the accounts were frozen, the county government had to pay Sh2.9 million on December 24 from the Community Empowerment Fund for the three accounts to be freed.
Finance chief officer Chrispinus Barasa on Monday said they will recover the money from Makhakara.
Makhakara told the Star on the phone yesterday that he received the cash, but declined to explain why he did not transmit the money to Wasike .
"We do not discuss matters of the client with third parties," he said
