City MCAs to probe Sh2bn Pending Bills to law firms

NNairobi MCAs

Nairobi Governor Johnson Sakaja addressing the Nairobi City County Assembly in this file photo.

Photo credit: File I Nation Media Group

The Nairobi City County Assembly is set to begin a probe into planned payment of Sh2 billion to 15 law firms by the devolved unit, a few days to the end of the 2022/2023 Fiinancial Year.

The assembly’s Justice and Legal Affairs Committee chaired by Jared Akama who is also the Mugumu-Ini MCA is expected to probe the payment and table a report on its findings in the county assembly.

The probe follows a request by written request by Kileleshwa MCA Robert Alai who had demanded to know the terms of reference of the Pending Bills taskforce put in place as well as the criteria used to identify the law firms that were paid the amount.

In the letter written to the speaker, Mr Alai also demanded to know the payment schedule for the pending bills.

“That pursuant to Standing Order 47(2) (c), I wish to request for a statement from the Chairperson of the Sectoral Committee on Justice and Legal Affairs regarding a Taskforce formed by the County Executive to inquire into the issue of pending bills under the Legal Department including the Criteria used to establish genuine beneficiaries for payment of legal bills in the Legal Department and the Vote that is being used to make payments of pending bills under the Legal Department,” read the letter to the speaker of the county assembly.

The inquiry by the county assembly comes after a separate law suit at the high court against the Sakaja-led administration over the planned payment of Sh2 billion payment to 15 law firms.

The law firms were selected by 14- member taskforce put in place by Nairobi Governor Johnson Sakaja in January. It was chaired by layer Kamotho Waiganjo and among its 14 members is the Law Society of Kenya Chairperson Eric Theuri.

The taskforce was required to probe the pending legal fees of Sh21 billion that was owed to 300 law firms that provided legal services to city hall at different times.

Although the committee was to complete its work in April, Governor Sakaja has extended its term for four more months up to August. 

The court documents indicate that the taskforce has so far selected 15 law firms and that City Hall plans to pay them before the end of the financial year that is few days away.

The issue of payment to law firms has been at the center of controversy at city hall with the MCA’s often accusing the county executive of carrying out the payments irregularly.

The MCA’s have also been accusing the executive of prioritizing the payment to law firms at the expense of other service providers who are also owed huge pending bills.

In 2021 for instance, the Ann Kananu-led administration was on the spotlight after Ethics and Anti-Corruption Commission (EACC) raised a red flag over the payment of Sh500 million.

The county’s attorney Lydia Kwamboka has also been summoned several times to explain the huge payments to a number of law firms.