Popular Nairobi lawyer Donald Kipkorir is set to seize properties belonging to the Nairobi County government over a debt of Sh. 1.69 billion.
Mr. Kipkorir has enlisted the services of Garam Auctioneers and issued an instruction letter to the auctioneer on March 27, 2024.
He instructed the auctioneer to seize the City Hall properties including valuables, office equipment, computers, furniture and cars to recover the debt.
“We urge that you have the warrants is- sued immediately and if possible, today (March 27) so that you execute tomorrow as Friday is a Public Holiday,” Kipkorir was quotes by the paper as saying.
According to a report that appeared in the Daily Nation on Thursday, Donald Kipkorir has already instructed auctioneers to seize the property.
“Note that executing against county governments was pursuant to the Government Proceedings Act. However, last week in Nairobi HCCC No.E411 of 2023, the High Court voided Sections 13 and 21 of the Government Proceedings Act as unconstitutional and thus allowing execution against county governments like in all ordinary executions,” said Kipkorir.
He was referring to a decision by High Court Judge Nixon Sifuna which abolished section 13A and 21 of the Government Proceedings Act, effectively allowing litigants to attach government properties or bank accounts to recover their debts.
The paper reported that this debt has been pending since 2022. Apparently, Mr. Kipkorir was awarded the money as in what was seen as the country’s highest legal fees for his services after he represented the county government of Nairobi in a case against the Ministry of Defense.
The case was over a 3,000 acre parcel of land located in Embakasi where the Embakasi Barracks are currently located. Mr. Kipkorir had represented the defunct City Council when the case started in 2012.
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The case was later withdrawn as the two contesting parties sought to resolve the matter through intergovernmental relations.