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Contractor Pleads for help after he was Denied Payment

A local contractor is appealing to the government to help him get his payment for a work he did seven years ago.

Andrew Githinji, the proprietor of Githambo contractors says after he completed his work on construction of St. Mary’s – Gitugo road in 2012 he never received any payment subjecting him to suffering.

Githinji was sub contracted by Kay Contractors which worn tender to tarmac the road, to put two basement layers of stones and quarry dust on the 29.1 kilometer road.

He signed an agreement with the main contractor in August 2007 and the work started immediately and the by 2012 tarmacking of the road was complete.

Speaking to members of press on Tuesday, Githinji said the problem with the main contractor started after he did eight kilometres of the road when the ministry of roads engineers changed the design.

“Initially  I was to put two layers of stones, base and sub-base but later after I did eight kilometres, the contractor changed the design where the base layer they opted to use spoiled soil instead of stone,” added Githinji.

“I objected the change and demanded to be paid as we agreed before but instead I was kicked out by the contractor who was assisted by roads permanent secretary by then, Michael Kamau, and picked other three sub-contractors to replace me,” he explained.

He narrated that he was forced to move to court to sue Kay contractors for breaching contract and fortunately he got his work back but this time he was directed to do only one layer of stones.

According to Githinji, Kay Construction Company was paid Sh 56, 850,000 for the first layer and ShSh55, 550,000 for the second layer. Sensing a breach of contract he protested to the main contractor and asked him to refund the cash for the first layer back to the Treasury.

Githinji accuses the main contractor of failing to pay him Sh45 million even after he completed his work.

He noted that he used his money including which he borrowed from bank and friends but unfortunately the contractor opted to deny him his pay.

“When I asked to be paid, the contractor said there was a pending case in court and later the case on breach of contract which I took to court was dismissed even after I was through with my work. Kay contractors relied on dismissal of the case to defraud me my pay,” lamented Githinji.

Githinji said after he tried to get help from relevant authorities all his efforts were fruitless. “The bank which gave me a loan is about to auction my land as I used all my money in the work,” he said.

“I have no financial muscles to keep on pushing people to pay me. I even live in a timber made house, my children lacked proper education after some people planned to deny me my payment,” lamented the 79 year old man.

Githinji asked the office of public prosecution and that of Ethics and Anti-corruption commission to come in and investigate corruption which was involved during construction of the road.

“I appeal to President Uhuru Kenyatta to help me get my payment as I worked and completed my assignment. I leave in poverty as I rely on friends and family friends to survive,” said Githinji.

He argues that he has all documents to prove his predicaments requesting for an urgent assistance.

By Bernard Munyao

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