Seven financial institutions have been ordered to pay more than Sh1.1 billion owed to a contractor by Moi University.
Eldoret High Court Judge Wananda Anuro issued the orders following an application filed by Vishva Builders Limited through lawyer Nelson Havi.
The court directed National Bank of Kenya Limited, Co-operative Bank of Kenya Limited, Kenya Commercial Bank, Standard Chartered Bank, Access Bank, Equity, and Absa Bank of Kenya to make payments to the contracting company pending hearing and determination of suit it has filed in court.
The court has attached 36 bank accounts of Moi University at National Bank, seven at Standard Chartered, 12 at Kenya Commercial Bank, six at Access Bank, two at Equity Bank, and five at Absa Bank.
“Sh1,176,826,363.96 due to Vishva Builders Limited and owing from Moi University under the decree issued herein February 2, 2024 be and is hereby attached from account number 102017899500 and 102017899600 or any other account operated by Moi University with Standard Chartered Bank Limited and be paid to Vishva Builders Limited through account number 0102446108800 operated by Vishva Builders with Standard Chartered Bank Limited,” read the orders of the court in part.
The company wants the court to summon the financial institutions to show why they should not pay the money. Vishva Builders Limited claims the university owes it a total of Sh1.1 billion on account of the order issued on February 2, 2024, together with interest. The company adds that the university is indebted to the plaintiff in the sum of Sh31.1 billion or such lesser sum as may be ascertained on taxation, on account of costs of the suit.
“On September 11, 2007, the Ministry of Education sent Sh185.5M to Moi University for the contractor’s claim, urging an out-of-court settlement.”
According to the former Law Society of Kenya President, the university has failed to settle the total amount it owes Vishva.
Five years ago, the university gave the company a payment plan which has not been honoured to date.
The dispute between Vishva Builders and Moi University dates back to 1990 when the company was awarded a tender to construct the Faculty of Science Building.
In its defence, the university said the agreement was never executed per the law as the Bill of Quantities (BQ) was never executed.