- On June 21, 2017, the court entered judgment for OJienda’s firm for Sh 220,735,840.
- The date accrued interest and the outstanding debt is Sh397,300,323 as per the certificate dated June 15, 2022.
Image: FILE
Lawyer Tom Ojienda has moved to court seeking to compel the National Land Commission to pay his firm a debt of Sh397 million.
Ojienda claims that the commission has refused to pay him his legal fees in a matter he represented them in 2013.
He said he represented NLC in a petition and the commission declined to pay him the legal fees after he filed a bill of Sh282 million.
In 2016 the bill of costs was taxed at Sh220.7 million and a certificate of taxation was issued to that effect.
On June 21, 2017, the court entered judgment for Ojienda’s firm for Sh 220,735,840.
The date accrued interest and the outstanding debt is Sh397,300,323 as per the certificate dated June 15, 2022.
“Despite the judgement having been entered against the commission in 2017, NLC has taken deliberate steps to frustrate him and to ensure that his firm does not enjoy the fruits of the judgement,” court papers read.
He claimed that he is aware that NLC has separate accounts with the National Bank of Kenya and the Central Bank of Kenya.
Ojienda wants the court to attach the accounts of NLC held at NBK and CBK and direct the banks to pay him the money he is owed.
He claims that if the orders are not allowed then the commission will not pay him before the end of the 2021-22 financial year.
Ojienda argues that in 2016, NLC never filed any Notice of Objection within 14 days from the date of the taxation nor did it file a reference to the judge to set out the grounds of objection.
But they later filed a stay of execution of the taxation ruling but the suspension application was dismissed.
He said in 2019, the information provided to the court by the NBK was that the balance in the NLC account at that time was Sh5.5 billion.
The court granted Ojienda the order to attach the account but NLC quickly moved and obtained orders setting aside the Garnishee Nissi. (to obviate the third party from paying the debtor's money in his possession to the debtor, but to pay it directly to the Garnishor).
In 2017, the court granted another order directing the commission to pay Ojienda the money owed.
“In the meantime, the applicant’s debt remains unpaid to date. In fact, the debt has and continues to accrue interest as per the certificate order dated June 15, 2022,” he said.
(Edited by Tabnacha O)