CS Mithika Linturi opposes order to pay French hotelier Sh400,000 bill
Agriculture Cabinet Secretary Mithika Linturi.
Agriculture Cabinet Secretary Mithika Linturi has appealed against an order to pay a French hotelier Sh400,000 over a case he had filed seeking to block payment of the investor’s Sh500 million arbitral award.
Through lawyer Kiogora Mugambi, Mr Linturi argues that Meru Deputy Registrar Leah Juma erred in law and principle in arriving at her decision, and asked the High Court to intervene.
The CS wants the decision of the tax master on the bill of costs set aside or reviewed, or referred to a different deputy registrar for fresh determination.
Mr Mugambi says according to the Advocates Remuneration order 2014, the legal fees should not have exceeded Sh45,000.
He says the petition seeking to bar the Meru County Government from paying hotelier Michael Dechauffour, was not complex and was opposed by only one respondent.
Ms Juma had ruled that the hotelier had incurred costs to respond to Mr Linturi’s complex petition which he withdrew after being appointed CS after prosecuting it for two months.
However, Mr Linturi opposed the award, saying it was not justified in law.
Mr Linturi had moved to court in July last year seeking to bar Meru County Government from paying the hotelier the compensation for illegal eviction from a hotel owned by the county.
At the time, the court had also issued an order compelling then-Meru Finance chief officer and Finance executive to honour the payment within 30 days.
An arbitrator found the county government liable for illegally evicting Leopard Rock Mico Limited, the owner of Leopard Rock Lodge, from its facility and ordered it to pay Sh445,022,388.28.
The hotelier, through lawyer Peter Wanyama had protested that he continued to suffer losses through non-payment of the amount yet a decision had been made.
The dispute arose in 2015 when the former county administration issued a termination notice to Leopard Rock Mico Ltd but it was not executed.
Another notice was issued by the following administration in 2018 before the county government forcibly took over the lodge in March 2019, leading to a court case.
Leopard Rock Mico Ltd had entered a lease agreement with the defunct Nyambene County Council for the development of the 40-acre hotel, in 2001 and 2008, was to use the facilities until 2034.
However, Mr Linturi, who was at the time of the award contesting the Meru gubernatorial seat, rushed to court to bar the payment, saying the move would hurt the residents.
He withdrew his petition about three months later.
While terminating the matter, Justice Thripsisa Cherere had ordered Mr Linturi to agree with Mr Wanyama and Ethics and Anti-Corruption Commission’s lawyer on the cost he would pay them.
The hotelier demanded Sh700,000 while Mr Linturi argued that Sh20,000 was enough under the circumstances, arguing that the matter was a public interest litigation.
