High Court of Kenya: Senator Hezena Lemaletian's Unpaid Landscaping Contract Judgment

• Senator Hezena Lemaletian is facing possible auction of her household property over an unpaid landscaping contract worth Sh447,823.77.
• The High Court's dismissal of the senator's appeal has set a precedent for contractors to recover debts through court decrees even if clients dispute work quality or claim additional expenses.
• Auctioneers have attached various household items and may seize other movable property if necessary to satisfy the decree.
• The contractor has filed an application seeking Sh224,000 in party-and-party costs incurred during the High Court appeal.

Despite the senator's claims of poor workmanship and additional expenses, the court held that these allegations could not defeat the contractor's claim.

In a significant development for contractors in Kenya, the High Court's dismissal of Senator Hezena Lemaletian's appeal has set a precedent for recovering debts through court decrees. The case revolves around an unpaid landscaping contract worth Sh447,823.77 awarded to Simut Logistics, trading as Silas Thuranira Muturia. Despite the senator's claims of poor workmanship and additional expenses, the court held that these allegations could not defeat the contractor's claim. The contractor had produced a valid contract and invoices in court, which were deemed sufficient proof of the debt. Following the dismissal of the appeal, the contractor obtained warrants of attachment to recover the outstanding amount together with accrued interest and execution costs.

As auctioneers move to seize Senator Lemaletian's property over the unpaid contract, lawyers advising clients on unpaid contracts should take note of this precedent. The High Court's decision has established that contractors can recover debts through court decrees even if clients dispute work quality or claim additional expenses. This means that contractors have a clear path to seeking justice for unpaid services rendered. In this case, the contractor had attached various household items, including sofa sets, television sets, and other movable property, which may be seized if necessary to satisfy the decree. The statutory notice period has been given to the senator to settle the debt, failing which the attached property could be removed and sold by public auction.

The dispute between Senator Lemaletian and Simut Logistics arose from landscaping works undertaken at her residence between April and June 2023. The contractor had moved to the Milimani Small Claims Court, accusing the senator of failing to fully pay for services that included excavation, construction of retaining walls and staircases, cabro paving, ground levelling, planting of flowers and shrubs, and the construction of a fireplace. While the senator admitted engaging the contractor, she argued that the works were poorly executed and that some agreed-upon tasks were never completed. However, the Small Claims Court found in favour of the contractor, holding that the senator's allegations could not defeat the claim due to lack of formal pleading through a counterclaim or set-off.

Lawyers advising clients on unpaid contracts should note that the High Court's dismissal of Senator Lemaletian's appeal sets a precedent for contractors to recover debts through court decrees, even if clients dispute work quality or claim additional expenses.

Source: Original reporting via [Source]