Justice George Odunga Orders Government to Pay Sh19 Billion

High Court Judge George Odunga on Thursday ordered the Government to pay a private firm Sh19 Billion for using its land to settle squatters.

Justice Odunga, while delivering the ruling, noted that no sufficient reasons had been submitted to explain why the Government had failed to honor its end of the deal to pay off the amount.

The High Court Judge directed that Orbit Chemicals Limited should be paid the original amount of Sh 6.02 Billion plus interests bringing the sum total to Sh 19 Billion.

[caption caption="File image of Justice George Odunga delivering a ruling"][/caption]

"In my view, the reasons advanced by the respondent for the failure to satisfy the decree are flimsy excuses meant to deny the applicant the fruits of its judgment and I have no reason to decline to grant the orders sought herein.

“As our politicians now say it ought to have made the necessary arrangements to facilitate the availability of funds without even waiting for these proceedings to be instituted," Justice Odunga directed.

The matter has been in the courts since 2004  where the petitioner has been battling with the government for compensation.

In 2012,  Orbit Chemical Industries Limited got a major breakthrough when Justice Edward Muriithi allowed it to seek compensation after the Government took its 95 acres in Embakasi to settle squatters.

The company had moved to court seeking orders compelling the Government to settle the dues within 14 days.

“The Attorney General and Solicitor General have refused to pay the amount even when the interest continues to grow. They need to pay us now to save public funds from further wastage and end their unnecessary delaying tactics," the company’s director, Sachen Chandaria was quoted by the Standard then.

[caption caption="File image of AG Githu Muigai and Deputy Solicitor General at a past court case"][/caption]

According to Mr Chandaria, the government had proposed an out-of-court settlement but failure to honor the agreement forced the company to pursue legal mechanisms.