RULING OF THE COURT
1. On 27th April 2009, the parties hereto entered into a contract whereby the applicant was engaged by the respondent to carry out building works for alterations and extension of its Bio-Chemical Laboratories at its Headquarters in Nairobi for a sum of Ksh. Seventy-Nine Million Nine Hundred and Ten thousand, Four hundred and Forty only (Ksh.79,910,440/=).
2. On 17th December 2009, by way of a Supplementary Agreement, the parties varied the contract to include additional works. It was agreed that upon completion of the works, the building works would be measured and valued by consultants from the Ministry of Public Works and any necessary variations will be addressed. On completion, the works were valued at Ksh. Two Hundred and Twenty-Eight Million, Seven Hundred and Sixty- EightThousand, Six Hundred and Sixty and Cents Thirty-Two only (Ksh. 228,768,660.32). The applicant demanded payment of the said sum and the respondent declined to pay. The matter was referred to a…