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Contractor sues Catholic Church over KES 15 M Nyaatha beautification debt

29 January 2016, 12:32 Joseph Njung'eh

Nyeri - A contractor is seeking to recover KES 15 million from Catholic Archdiocese of Nyeri for alleged breach of a construction contract during the beautification ceremony of Sister Irene Nyaatha last year.

John Kariuki through his company Pakana Enterprises claims that he was contracted by the church to renovate and convert Bishop Kirima hostels into self-contained units in readiness for a group of visitors from Italy.

“The conversion was for 50 units into modern conference unit at a cost of KES 124 000 per unit totaling to KES 6.2 million,” Kariuki says in papers filed in court.

He adds that the two parties negotiated for additional work including procuring for the necessary materials, reconstruction and conversion of additional 40 units amounting to KES 13.1million.

“I undertook assignments as contracted by the defendants to the proper construction and equipping standard,” Kariuki claims.

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The church in its counter claims is demanding a refund of KES 7.4 million plus the cost of the suit and interest.

It accused the company of abandoning the work on May 1, 2015 without notice after it was asked to provide construction certificates.

“He misrepresented himself as being authorized to do engineering and construction work, a fact he knew was not true,” the church lawyer, Charles Karweru claims.

The church further notes that the company not only failed to deliver within 40 days, but also abandoned its workers without pay.

“As a result, some of his workers threatened to burn down the church premises, despite having received a down payment of KES 4.4 million which he failed to utilize properly,” the defendant laments.

Karweru explained that the rooms were to be rented out to visitors from Italy who had already confirmed their bookings at a rate of KES 9 000 per room per person per night for 10 days.

“All the revenue for the 98 rooms were lost by virtue of non-completion and desertion of work, yet all the material had been sourced and paid for by the church,” the lawyer avers in the affidavit.

The church is seeking refund of part of the deposit paid plus all special loses it suffered.

The case will come up for hearing on March 10 before Justice James Mativo.

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