The High Court on Thursday ruled to gag Members of Parliament (MPs) in regard to the controversialTatu City project. Lady Justice Lucy Gacheru restrained the House and its various committees from "deliberating, debating and, or making any recommendations on the matter".
Justice Gacheru was hearing a petition involving a Ksh1.4 Billion contract between Tatu City Limited and Ongata Works Limited that was dramatically terminated. Ongata Works moved to court in December 2017 protesting the cancellation of a contract that enlisted them to construct trunk and access roads and other infrastructure at the expansive project at a cost of Ksh1,442,460,961.
The developer had participated in the bidding for the construction tender and was finally awarded on September 9, 2016. The two parties differed on December 13 when Tatu City gave Ongata Works 14 days to leave the project citing failure to adhere to certain instructions.
On December 22, Justice Francis Tuiyot temporarily put to a stop construction works at the site after Ongata Works settled a Ksh140 Million bond to acquire the orders. The orders were later stayed by Justice Joseph Onguto and extended by Justice Tuiyot on January 3.
Tatu City made an application to the court seeking to have the injunction lifted, arguing that the company had suffered liability to third parties in the tune of about Ksh700 Million. The orders are likely to cause further tension between Parliament and Judiciary over the perceived overstepping of boundaries.