A section of the economic stimulus programme market under construction. The programme is designed to transform the rural areas.[File-Standard]
The government has failed in its bid to stop a Sh147.77 million case over the construction of Economic Stimulus Programme (ESP) Markets within Nakuru County.
Judge Joseph Sergon dismissed an objection to the case filed by Principal Secretary (PS) Housing and Urban Development South Regional, the Attorney General and Tej Architects.
The judge ruled that the case filed by Extreecon Engineering, a construction company, on May 12, 2026, would continue to full hearing and determination.
“The Preliminary Objection dated June 5, 2026, is dismissed in its entirety and costs are granted to the applicant (Extreecon),” ruled Sergon.
Sergon maintained that the existence of an arbitration clause as submitted by the government, could not oust the court’s jurisdiction to hear the case.
According to Sergon, the said arbitration process, whether imminent or otherwise, would raise questions that would require full hearing.
The court also dismissed the submission that Extreecon concealed the existence of four notices dating from March 10, 2025 to August 19, 2025, allegedly communicating expiry of its contract.