The Kisumu County government has agreed it will settle a case regarding a Sh 18 billion waste management tender out of court.
This after the Kisumu High Court cancelled a tender awarded to a German firm.
The county government had gone to the Court of Appeal challenging the decision.
However, its lawyer, Francis Wasuna, on Thursday asked the Appeals Court to remove the case from its list as parties in the case had reached a compromise.
Wasuna, in his notice to the court, said there is need for an amicable solution to all the issues in dispute between the county government and businessman Erick Okeyo.
“In the above premises, we propose to have the appeal adjourned to enable us set out and draft terms of settlement for approval by the Court of Appeal,” stated Wasuna.
In his argument at the Court of Appeal sitting in Kisumu, lawyer Charles Njuguna, representing Okeyo said they had agreed on an adjournment citing that the appeal was incompetent and therefore not merited.
“We have no objection to the request of the county government to have the case thrown out save for the costs that come with the appeal,” Njuguna told a three-judge bench.
He said the letter from the county lawyers did not state how the costs will be catered for when the appeal is withdrawn.
Okeyo had sued the county government for not following procurement procedures expected of tenders of such magnitude. The High Court ruled in May 2014 that the county entered into an illegal tender with Madam R Enterprises, the German company.
The court therefore ordered for a stop to the execution of the contract that was seeking to get rid of solid waste in Kisumu County, a matter that set stage for the current appeal. Court of Appeal Judge Wanjiru Karanja set the date for the formal withdrawal of the case for February 3, 2015.