Kenya Railways Corporation has been ordered to refund sh127 million paid in excess by a company that has leased its parcel of land in Mombasa.
Environment and Land Court Justice Sila Munyao gave directives for the money to be paid back within 3 days together with interest at court rates from the time it was paid and ensure that Milly Glass Works Ltd is also paid taxed costs.
“I have demonstrated that in so far as the corporation is concerned, the managing director is supposed to pay the judgement sum without delay out of the revenue account of the corporation,” said Justice Munyao.
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Justice Munyao further added that Kenya Railways Corporation knew the amount of money payable back to the plaintiff, and they were allowed to file application for accounts to be checked if they were in doubt of the amount stated by Milly Glass Works Ltd.
“None has been filed and neither has the corporation offered to say what the correct amount is. I have no reason to doubt that the money claimed by the plaintiff in the (garnishee) application is not the money due and owing,” said Justice Munyao.
The judge also noted that the application by Milly Glass Works Ltd seeking to attach the revenue account of the corporation was within the jurisdiction of the court.
“The right to be paid which has been ordered by the court is not a vain right, it must be given effect. If we say that it cannot be given effect by strictures in statute, then we are saying that there are categories of people who are above the law and can operate with impunity. That cannot be allowed,” said Justice Munyao.