DAILY NATION
http://www.nation.co.ke/counties/nyeri/Contractor-church-Nyaatha-beatification-debt/-/1954190/3051128/-/15gjlbp/-/index.html
Wednesday, January 27, 2016
Contractor sues Nyeri Catholic Archdiocese over Sh14m Nyaatha beatification debt
Catholic priests during a memorial service for Sister Irene Stefani
Nyaatha in October 2015. A contractor has sued the Catholic Archdiocese
of Nyeri for Sh14.9 million which he says the church owes him for work
done during preparations for the beatification of Sister Nyaatha in
2015. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP
A contractor has sued the Catholic Archdiocese of Nyeri over
Sh14.9 million which he says the church owes him for work done during
preparations for the beatification of Sister Irene Stefani Nyaatha in
2015.
Mr Patrick Kariuki of Pakana Enterprises in Thika
has sued the archdiocese’s trustees demanding to be paid a total of
Sh14,929,760 and other general damages for the work he did.
The
church has, however, lodged a counter claim, saying the contractor
failed to finish the work he was assigned to do, demanding that he
instead pays them at least Sh7 million.
In his petition
papers Mr Kariuki argues that on diverse date in February 2015, he was
contracted by the archdiocese to undertake major construction works and
furnishings at the archdiocese’s Bishop Kirima hostels.
He was to renovate and convert various units into self-contained units at a cost of Sh6.2 million.
Through
Ishmael and Company Advocates, he argues that he undertook and
satisfactorily completed the various civil works as contracted.
CHURCH APPROVED WORK
The work was approved by officials from the archdiocese including the Father-in-charge.
“The
defendants, upon satisfactory performance of the works, negotiated for
additional assignments and works which included reconstruction of 40
units, fabrication of new furniture, painting works, demolition and
conversion of units into VIP roads, repairing the dining hall and
demolition of servant quarters into cottages all at a cost of
Sh13,129,760,” he states.
He is seeking to be paid the agreed cost of the whole project and all general damages.
But
the Nyeri Archdiocese’s trustees through lawyer Charles Karweru have
filed a Sh7,409,620 counter claim against Mr Kariuki for damages and
wages they say they paid to workers as a result of Mr Kariuki deserting
his work.
According to the archdiocese, Mr Kariuki was
contracted to repair and refurbish premises after he misrepresented
himself as a company authorised to do engineering and construction
works, which it latter emerged, was not true.
“The
plaintiff abandoned works after he failed to meet the deadline. He also
failed to pay his workers and there was a rebellion by his workers who
literally threatened to burn down the archdiocese’s premises,” states Mr
Karweru.
REVENUE LOST
The
trustees have argued that Mr Kariuki’s company was meant to complete
the works within 40 days so that the completed rooms could have been
rented out to visitors from Italy who had already confirmed their
booking at the rate of Sh9,000 per room and for 10 nights during the
beautification of Sister Nyaatha.
“All the revenue from the 98 rooms was lost by virtue of non-completion and desertion by the plaintiff of the project,” he said.
Mr
Karweru affirms that Mr Kariuki had already been granted a down payment
of Sh4.4 million which he failed to properly utilise and which he
should refund.
“For all the works contracted by the
plaintiff’s organisation, all the material had been sourced and paid for
by the archdiocese and at no time did Mr Kariuki provide any
materials,” the church says.
The church has insisted
that Mr Kariuki’s company abandoned works on May 1, 2015 without notice
and after the workers threatened to burn down the church premises the
archdiocese was forced to pay them.
The church wants him to pay for all the damages incurred in the whole project.
On Wednesday, Justice John Mativo directed the case be heard on March 10, 2016.
