KITALE, May 6, 2025 – A local equipment dealer, Hekima Kijani Kenya Limited, was left high and dry by China State Construction Engineering Corporation (Kenya) Limited, a multinational contractor, until the Kitale High Court intervened, ordering payment of Kshs. 70,026,559 for a breached 2019 contract. Justice Robert Limo’s May 5, 2025, ruling held China State liable for unpaid invoices for tippers, graders, and excavators hired for Trans Nzoia road projects.
Hekima Kijani supplied machinery for China State’s work on the Kapchorwa-Suam-Kitale and Eldoret Bypass projects, commissioned by the Kenya National Highways Authority. In 2018, China State hired equipment from Konvest Source Limited, accruing Kshs. 28,308,074, which Konvest instructed to be paid to Hekima. A 2019 agreement transferred the machinery’s rights to Hekima, but China State failed to pay invoices, including a February 2022 final certificate of Kshs. 48,218,485. The total debt reached Kshs. 76,526,559, with only Kshs. 6.5 million paid between 2020 and 2023.
Hekima filed suit on February 5, 2024, seeking Kshs. 70,026,559 plus 5% annual interest from July 9, 2019. China State did not appear or defend. Justice Limo ruled, “The plaintiff’s claim is uncontested and in view of the documents tendered in support of its claim this court finds that the plaintiff has proved its case to the required standard.” He added, “Consequently this court enters judgment against the defendant in terms of prayer (1) (2) and (3) in the plaint.”
The court awarded Hekima Kshs. 70,026,559, interest at court rates from filing, and legal costs, based on contracts, payment certificates, and a 2023 demand letter.
By Robert Amalemba
Contact: robertamalemba@gmail.com