A firm linked to former Nairobi Governor Mike Sonko in a corruption saga was awarded a Ksh358 million balance owed by City Hall.
The court heard in 2018 Hardi Enterprises won a tender to supply City Hall with vehicles and heavy-duty equipment worth Ksh948 million.
They full payment, however, did not materialise after investigative agencies claimed that the tender was fraudulently used by Sonko and his aides, to steal public money.
Justice Margaret Muigai ordered Nairobi County Government to pay Hardi Enterprises Ltd the money after they won a tender during Sonko's administration.
However, the county government paid the firm Ksh590 million and refused to clear the balance after the company was caught up in a corruption scandal.
Justice Muigai awarded Hardi Enterprises its request, noting Nairobi county government’s defence was filed late and outside legal timelines.
Hardi Enterprises filed its petition on May 27, 2020, and the county government filed its defence on July 22.
The judge stated that the county government's statutory period to file had expired.
She further noted that a memorandum of appearance or notice of appointment should be filed 14 days after one is served with court papers.
The tender awarded to Hardi Enterprises was among the acquisition transactions that led to the arrest and impeachment of Sonko.
DPP Noordin Haji ordered the arrest of Sonko and several county employees over the alleged theft of Ksh357 million.
The DPP stated that his order was based on the investigations conducted by the Ethics and Anti Corruption Commission (EACC).
"Following a comprehensive investigation by EACC and independently reviewing the investigation files, I have found sufficient evidence to warrant prosecution and I have therefore ordered immediate arrest and arraignment in court of Nairobi Governor Mike Mbuvi Sonko and other persons for the crimes of conflict of interest arising from having received monies from the counties of Nairobi while serving as Governor and unlawful acquisition of property, money laundering and other economic crimes," Haji stated.
Hardi Enterprises is entangled in another court battle with the Assets Recovery Agency (ARA) over the alleged acquisition of illegal tenders from Nairobi County.
ARA alleged that Hardi Enterprises and Toddy Engineering Company were used by Sonko to loot funds from the county government.
The agency claimed that the directors of the two companies, Anthony Ng’ang’a Mwaura and his wife Rose Njeri Ng’ang’a contributed Ksh8.6 million to fund Sonko's 2017 campaigns.
