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The High Court has ordered Machakos County Government to pay a car dealer over Sh27 million for supplying eight motor vehicles to the County.
Justice Margaret Muigai ordered Governor Alfred Mutua administration to pay Simba Corporation limited Sh 27,038,610 being the balance of purchase of 8 vehicles supplied to the County. The County government was supplied with a total of 21 vehicles.
The judge, however declined to award Sh1,805,658 saying the car dealer did not prove whether the amount accrues from outstanding debt or from payments made or whether VAT was remitted for payments made for purchase of motor vehicles and VAT is due only for the outstanding amount.
Simba Corporation had informed the court pursuant to a Supply Circular No. R04/2015 to 2016 for supply of Motor Vehicles dated June 16, 2015, the company supplied 21 4×4 Double Cab pickups to Machakos county.
The car dealer argued that the terms and conditions of the supply, delivery and payment of the purchase price for the vehicles were set out under the supply circular and special conditions of contract attendant to the tender and stated.
The company was required to submit detailed specifications, drawings, catalogues for the products intended for supply. Further, the company was required to indicate on the specifications sheets whether the equipment offered complied with each specified requirement.
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