RULING OF COURT
1. The 1st respondent filed a suit in the High Court against the applicant sometimes in June 2021, claiming inter alia, payment of a sum totalling KShs. 68,376,306,492 as particularized in the plaint. This was on the footing of an alleged breach of the subcontract it entered into with the applicant on 2nd July 2019. The Sub Contract No. CTH-ENG-2019-014 was for excavation, protection, support, and drainage works for the main spillway of the main project.
2. The main contract had been entered into between the applicant and the Ministry of Water, Sanitation, and Irrigation in March 2018 for the construction of Thwake Multipurpose Water Development Dam in Makueni County. The subcontract between the parties was based on the terms in the main contract. It was the case of the 1st respondent that it had delivered on its part of the bargain, hence the need for payment. The applicant and 2nd respondent on the other hand were of the view that as much as the 1st respo…