Nairobi County has asked the court to dismiss case filed member by the county assembly in connection with alleged loss of 1.7 billion Shillings through irregular procurement of health services for staff
Through lawyer Harrison Kinyanjui, the county argues that the petition has no merit, and constitutes an extortion scheme against the Nairobi governor Mike Mbuvi Sonko and others.
“The petitioner failed to exhaust avenues for ventilation of his perceived grievances by reasons of which the petition ought to be struck out with cost,”reads court documents.
Further lawyer Kinyanjui claims that the petition is an oblique appeal on a procurement decisions of the County and hence ought to have been lodged as an appeal to the relevant entity so vested under statute.
AAR insurance on its part says that that the petition is fatally defective, frivolous , bad in law and lacks merit and therefore it should be dismissed since it’s an abuse of court process.
“The court lacks jurisdiction to entertain a petition from an MCA in exercise of his oversight authority under Article 183(3) of the constitution.
The Insurance also argue that the court cannot clothe itself with jurisdictions reserved for the public procurement regulatory Authority .
Ruling will be issued on June 7th this year.
In the case Peter Imwatok, the assembly minority leader, filed a petition at the Anti-Corruption Court, claiming that the Nairobi City County administration authorized irregular procurement in the 2016/17 and 2017/18 financial years.
In the case Imwatok is seeking a declaration that Sonko, former county secretary Simon Morintant, and former finance chief Veska Kagongo are unfit to hold any public office.
Also sought is an order to have all funds paid to AAR Insurance Company with respect to the two extensions of July 1, 2017 to September 30, 2017 and October 1, 2017 to December 31, 2017 returned to the county.