Mattress firm sues NYS over Sh68m debt

The National Youth Service is embroiled in a court battle with a local firm over unpaid Sh68 million debt for the supply of mattresses.

The service has put up a legal fight against claims in the suit filed by Prime Mattresses Limited, which has accused NYS of dishonouring the terms of contract in the purchase of the goods.

NYS has in its defence, denied the claims by the mattress firm, which it said lacked proof and supporting evidence.

It challenged the contents of the contract which it termed as Illegal.

“The defendants deny each and every allegation and put it to strict proof, further without prejudice they aver that it is not possible for the firm to have supplied the goods on March 13, 2013 on a basis of a contract entered on October 2013,” reads part of the defence statement.

The firm moved to court in March 2018 seeking orders to compel the NYS to pay Sh68,812,250 as balance for the supply of mattresses in the period between 2013 and 2016.

In the suit the company claims it entered into a contract with the NYS on October 15, 2013 for the supply of 10,000 pieces of mattresses at a unit cost of Sh 3,250 to its colleges.

The firm claims to have delivered the goods and concluded orders through deliveries to Central Stores Nairobi, Commandant, NYS College in Gilgil and Commanding Officer NYS Technical Training Institute Naivasha on various dates.

The court heard that the service only made payment for the supply of some of the goods in the period between 2015 and 2016 but failed to clear the balance.

According to the firm, the balance is yet to be paid since 2016 by the NYS while its efforts to recover the money have proved futile.

Prime Mattresses want orders compelling the government to settle the debts including the accrued interest.

In the case pending before the High court, the firm has listed the service, Director General NYS, the Cabinet Secretary Ministry of Public Service, Youth and Gender Affairs State Department of Public Service, Youth and gender Affairs and the Attorney General as respondents.

The case, which was coming up for hearing on Tuesday, failed to proceed after the lawyer representing the firm requested for its adjournment saying the case had coincided with another matter he had in another court.

Justice Janet Mulwa directed that the matter be heard on September 25.