Prof Tom Ojienda & Associates was paid Sh20 million after filing a bill of costs in respect to a High Court Judicial Review of 2014.

This was the case even though county officials had been instructed to hold a meeting to negotiate reduction of the judgment and mode of payment.

Mr Ouko said that Rachier & Amollo Advocates was paid Sh95 million yet the judgment amount was Sh70 million.

Another questionable payment of Sh20.4 million was made to Kithi & Company Advocates and the auditor-general questioned how the county arrived at the huge fee yet it had very little to lose in the case.

Other payments were to Wachira Nderitu Ngugi and Company advocates paid Sh9 million, Munikah and Company advocates paid Sh12.5 million, and Achola Jaoko and Company advocates paid Sh7 million.


Acting County Attorney David Oseko and Finance Chief Officer Stephen Mutua were hard-pressed by the committee chaired by Wilfred Odalo to explain how the payments were made.

The team noted that the issue has recurred for the past three financial years and sought to know why.

In 2018, the department was on the spot for spending Sh480 million over the Sh100 million budget for the 2015/16 financial year.

“It seems this is a conduit through which some people siphon public funds at the expense of Nairobi residents,” Mr Odalo on Thursday.


Mr Oseko explained that the payments were necessitated by warrants of arrest and garnishee court orders that compelled the department to pay or risk arrests.

“The county had no option but to pay. Legal costs are very hard to budget for because you do not know when they will come," he said.

On the issue of not acting on recommendations, the attorney said that he was not aware of any since he was recently appointed and asked for more time to present documentary evidence on the payments.

Mr Oseko and Mr Mutua will face the committee again next week.

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