By Joy Kyalo
The Employment and Labour court’s principal magistrate Alex Kyanya has denied Ojienda’s claim of Sh94 million from the Nairobi county government for legal services he offered six years ago.
The registrar, principal magistrate Alex Kyanya, said Prof Ojienda’s demand for payment of Sh93.9 million as instruction fees was grossly exaggerated especially for a matter that did not proceed and a settlement was reached. As a result, he reduced the instruction fees from Sh93.9 million to Sh150,000.
The registrar cited superior court’s decisions where it was ruled that compensation for instructions should avoid enrichment for any of the parties and that objectivity should be applied.
Kyanya ruled that both parties had settled the case on April 20, 2018, but the court was not given the exact details of the settlement.
Separately, Ojienda had filed an application to have two county government officials punished for allegedly failing to pay Ksh 75 million debt.
He faulted County Secretary Pauline Kahinga and Chief Officer Finance Winfred Gathungu for failing to adhere to court orders dated October 2, 2017, which impelled the two officials to pay the amount.
Justice John Mativo dismissed the application saying that Ojienda had breached the law by not following due procedures provided in the Government Proceedings Act.