The High Court in Kakamega has ordered Governor Fernandes Barasa to pay a company Ksh 211 million within 14 days for work done and idle costs incurred during the construction of the County Aggregation and Industrial Park.
Justice S. Mbungi, in a ruling delivered on November 5, 2025, held that the amount totaling Ksh 211,839,640 comprises Ksh 140,004,640 certified under Interim Payment dated November 29, 2024, and Ksh 71,835,000 in idling costs accrued up to March 31, 2025.
“Guided by the above authorities, I find that the respondent’s correspondence constitutes a clear, unequivocal and unconditional admission of liability within the meaning of Order 13 Rule 2 of the Civil Procedure Rules. The defence on record raises no bona fide triable issue, but rather a bare denial intended to delay justice,” the Judge ruled.
“Judgment on admission is entered for the Plaintiff against the Defendant in the sum of KSh 211,839,640 comprising KSh 140,004,640 certified under Interim Payment Certificate No. 1 dated November 29, 2024, and KSh 71,835,000 in idling costs accrued to March 31, 2025.
Also Read: Shakahola Suspect Appears in Court Despite Claims He Was Buried by Family
The court directed the Governor to ensure payment of the judgment amount within 14 days of the ruling.
Justice Mbungi further ordered that if the amount is not settled within the stipulated period, interest shall accrue at court rates from the date of the ruling until payment is made in full.
The order arose from a suit filed by a MMED and SONS construction company that was awarded a contract worth Ksh 481,255,920 in September 2023 under Tender No. GGKK/TRADE/01/2023/2024 to build the County Aggregation and Industrial Park in Kakamega County. The project was to be completed within two years.
According to court documents, the contractor stated that despite the County Government certifying the first interim payment, it failed to release the funds, forcing the suspension of works and the accumulation of losses due to idle equipment and labor.
The contractor further produced letters from the County Government dated August 15, 2024, and April 14, 2025, acknowledging the debt and promising to expedite payment.
The contractor argued that the county’s continued failure to pay constituted a breach of the contract, resulting in financial distress and jeopardizing the project’s progress.
In its defence, the County Government claimed that the delay was due to the project being funded by the National Government and that the payment responsibility was not entirely within its control.
It also contended that the idling costs were not fully supported by documentation and that the application was premature.
Also Read: Court Orders Nairobi County to Pay Ksh7 Million for Ghosting Job Seeker After Vetting
However, Justice Mbungi dismissed the County’s arguments, ruling that the correspondence from the County’s Chief Officer for Public Works and County Secretary amounted to a clear, unequivocal, and unconditional admission of liability.
“Once goods were supplied, received, and acknowledged, the obligation to pay crystallised. Administrative or budgetary constraints cannot be used as a shield against contractual liability,” the judge held.
Citing several precedents, including Ideal Ceramics Ltd v Suraya Property Group Ltd and County Government of Kisumu v Dima Construction Ltd, the judge emphasized that once a county acknowledges a lawful debt, it cannot avoid payment by citing budgetary or administrative delays.
Justice Mbungi therefore entered judgment on admission in favor of the contractor and directed the Governor to facilitate payment within 14 days from the date of the ruling, warning that failure to do so would result in interest accruing at court rates until payment in full.
Follow our WhatsApp Channel and X Account for real-time news updates.
