Miraa traders in Mandera have moved to the Garissa High court claiming compensation over illegal cess collection by the defunct county council and the Town Council of Mandera.
The traders led by Ali Abdullahi Ahmed are claiming for compensation of Ksh. 70 million, this comes after the court of appeal in Nyeri declared the daily cess levied on Miraa ferrying vehicles commuting between Meru, Wajir Mandera as illegal.
“The traders moved to court for refund of the accrued amounts collected totalling to their claim but the county government opted for a negotiation out of the court and after failing to honour, the traders decided to move to Garissa high court,” said lawyer Oduor Odinga, who represented the traders.
On Thursday, the County Finance Executive, Ibrahim Barrow, appeared in the witness stand to testify to the court on the claims made by the traders after the Garissa high court finally requested him to appear before the court after the two parties dropped the previous out of court agreement.
The CEC in a 4-hour cross-examination said that the cess paid to the county council was not illegal against the ruling made by the Nyeri court of appeal.
“There is nothing unique with the taxes Ali paid, the court should not allow him to demand nearly almost sh 70 million of public money that he has no proof nor substantiated and if any the little that he has paid he has paid he has already received services,” said Ibrahim.
The High Court judge, George Dullu, asked the council for the parties to write and serve a written submission to the court within 14 days.
The case was adjourned to September 26 to fix a judgment date.
#hivisasaoriginal