Anthony Omerikwa, NSSF Managing Trustee. PHOTO | DIANA NGILA
By EDWIN MUTAI
In Summary
A case filed by Nakumatt Supermarkets has held up
construction of the Hazina Trade Centre Office Tower, Parliament was
told on Tuesday.
Antony Omerikwa, the National Social Security Fund (NSSF)
Managing Trustee, told the National Assembly’s Public Investments
Committee that judgment has been pending since July last year.
Nakumatt moved to court under a certificate of
urgency to block the NSSF from building a 40-storey building on grounds
that the retailer would lose business if the contractor went ahead with
the works.
“We are waiting for a ruling on the issue of
injunction that Nakumatt had sought. The matter is before Lady Justice
Gicheru who is yet to deliver a ruling. We are still waiting since July
2016,” he said.
PIC chairman Adan Kaynan demanded to know why the NSSF management had failed to pursue the matter.
“You are waiting for a ruling on a matter under
certificate on agency seven months after the case was filed? Is this
what is happening under the new Constitution?” Mr Kaynan paused.
The committee is probing several investments undertaken by the NSSF including the proposed construction of Hazina Trade Centre.
Mr Olago Aluoch (Kisumu Town West) said the delay
of the ruling could escalate costs of the project, considering what
Nakumatt is claiming in lost business.
“This judge must be pushed and reminded that the
matter is of urgency,” he said. MP Muthomi Njuki said both parties
appear to be disinterested in pursuing the matter in court.
Mr Omerikwa, who was accompanied by NSSF chairman
Gideon Ndambuki, told MPs that Nakumatt secured an injunction against
the extension of the building which houses the supermarket chain.
He said the NSSF board had constituted an ad hoc
committee that worked on how to settle the case out of court. He said
the fund was to make a counter offer to Nakumatt but the court case had
delayed the resolution.
“NSSF communicated its counter offer based on rent
rebates on the basis of inconvenience of Nakumatt. “Nakumatt was
claiming loss of business in terms of the construction interfering with
their business,” he said.
Mr Omerikwa said the Public Works ministry had
undertaken an expert review of the construction and confirmed that the
building was capable of housing up to 40 storeys.
“Our proposal was to build 36 floors but we are now
told it can go up to 40. The foundation is strong and we are not going
to interfere with the pillars inside Nakumatt Supermarket,” he said.
Mr Ndambuki said the board will ensure proper utilisation of resources in the construction of the building.
The committee directed the NSSF management to file the expert opinion in court to help the judge make an informed ruling.
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