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Kabuito Contractors Limited v. Attorney General

(2020) JELR 100297 (CA)

Court of Appeal  •  Civil Application 638 of 2019  •  23 Oct 2020  •  Kenya

Daniel Kiio Musinga, William Ouko, Stephen Gatembu Kairu



Kabuito Contractors Ltd, the applicant, brought an action against the Hon. the Attorney General, the respondent, for judgement in the sum of ksh.1,122,668,596/71, interest at commercial rates from the date of filing suit, costs of the suit and interest in relation to a contract awarded to it by the former Ministry of Local Government to carry out emergency repairs along certain roads within the city of Nairobi that had been damaged by the El Nino rains. The respondent in his defence denied the claim.

Satisfied that there was a valid and enforceable contract, the learned Judge (Sergon, J.) gave judgment in favour of the applicant as follows:

“i. Ksh.3,170,908,263/25 as at 30th June 2017.

ii. The aforesaid amount to attract interest at court rates from the date of judgment until full payment.

iii. Costs of the suit”.

The respondent evinced his intention to challenge the outcome by filing a notice of appeal and subsequently the record of appeal. It is the applicant’s conten…

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