P.A. OKELO & M.M. NSEREKO T/A KABURU OKELO & PARTNERS V. STELLA KARIMI KOBIA, SALAMA CONSTRUCTION COMPANY LTD & JOSEPH MBUGUA KIBUYWA

JUDGMENT OF WAKI, J.A

Background

1. On 28^th February 1996, the Government of Kenya (GoK) signed a contract with M/s Salama construction Company Ltd. (Salama) for rehabilitation of 23 Kms of the Makutano-Lokitaung Road in Turkana District (the project). GoK was described therein as the “Employer” and Salama as “the contractor”. It was further provided that the Engineer for the Project would be the Chief Engineer, (Roads) in the Ministry of Public Works and Housing who in turn appointed the private firm of M/s Kaburu Okello and Partners, (“the appellant”) Consulting Engineers, (the Resident Engineer) to be the authorised representatives on the ground. The Resident Engineer appointed John Kobia Muthuri (“the deceased”) a Senior Civil Engineer in the Firm, as their representative and he took charge of the works.

2. The contract between GoK and Salama had an express provision on motor vehicles in clause 138 which stated as follows:-

“138. Provision of vehicles

From the date of the Engineer’s or…