- Eldoret High Court directs county to compensate contractor
- Contractor had started hospital project before deal was cut off
- Court found the county violated a binding contract
- County failed to prove claims of default
- Contractor wins Ksh.1 billion for losses and damages
The High Court in Eldoret has handed down a heavy ruling against the Uasin Gishu County government, ordering it to pay a contractor Ksh.1 billion after a hospital construction deal ended in controversy. The case involved a project at Moiben Sub-County Hospital, which began during the 2015/2016 financial year.
Zedka Technical Limited, the company hired to handle the job, had reportedly finished 30% of the work when the county suddenly cancelled the contract without paying a coin. The contractor, Martin Chemonges Siwa, said that even though his payment claims were backed by certified documents from the Ministry of Works, the county still ignored him.
Judge Says County Was in the Wrong
In court, Uasin Gishu officials argued that only 7% of the work had been done and that the contractor was sent default notices. But their case quickly fell apart when Dr. Paul Wangwe, who was representing the county, could not confirm how much had been paid or the actual progress of the construction.
“The county failed to prove that the termination was justified,” ruled Judge Robert Wananda, calling the move a breach of contract.
He went ahead and awarded Siwa Ksh.1 billion to cover his losses, saying the county did not follow proper legal procedures. The judge noted that the county had entered a legally binding agreement and could not walk away from it without consequences.
This judgment is a wake-up call for counties to respect contracts and treat contractors fairly when doing public projects.
