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Man wants Railways boss compelled to pay him Sh14m over allotted plot

A man whose piece of land was allotted to Kenya Railways Corporation 17 years ago but he was not fully paid now wants the firm’s boss personally compelled to pay him about Sh14 million.

Mr Sospeter Kamau Githendu who had his land in Nairobi’s South B allotted to the Corporation in 1998, at a total cost of Sh2,533,335, wants the Managing Director of KRC ordered to have him paid.

According to Mr Githendu, on Tuesday, the firm only paid him Sh1 million but promised to pay him the remaining Sh1,533,335 on completion of the transaction.

However, he argues that despite the Sh1 million payment, the firm failed to complete the transaction by signing all relevant transfer documents to enable him get the balance.

PUBLIC DUTY

He claims that instead the Corporation went ahead to transfer the suit property to third parties hence subjected him to wrongful deprivation of the use and benefit of the disputed property.

In 2007, he moved to court and an order was issued that the Corporation pays him Sh13,960,000 as accrued monies in a February 2015 judgment.

“I am advised by my advocate that the MD as the accounting officer of the Corporation is under a public duty to make the said payment and he has wrongfully refused to do so, there is no order stopping the execution of the judgment,” Mr Githendu said.

Through his lawyer, Maxwell Chege Wainaina, he wants the MD ordered to pay him Sh54,455 which was awarded together with the Sh13,960,000 in the earlier suit.

DEMAND LETTERS

Before he sued for the payment, he had written two demand letters to the company but they failed to comply.

And when he moved to court, the firm requested to have the matter settled out of court amicably.

But it failed again to keep its word forcing him to drag it back to court which granted him the reprieve order.

“He continues to suffer since his right to enjoy the fruits of the judgment has been thwarted by the Corporation’s refusal to satisfy the decree, it is in the interest of justice that this matter is heard urgently,” Mr Wainaina said.

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