A water supply company has been allowed by a court to file a recovery suit, compelling the Kenya Ports Authority (KPA) to pay Sh32.1 million in pending bills for supplies made five years ago.

A money recovery suit is a legal mechanism that allows individuals or entities to seek payment of outstanding dues through a civil court.

Mombasa Resident Judge Olga Sewe noted that the recovery suit would be the most efficacious way for Mombasa Fresh Water Supply Company to benefit from a judgement issued in its favour last year.

“I am therefore satisfied that the application is compliant. Leave be and is hereby granted to the firm to file an application for the issuance of an order of Mandamus against the KPA to compel the payment of the decretal sum of Sh32.1 million awarded in Mombasa High Court Civil Case No. 75 of 2018,” she said.

Justice Sewe further noted that the stance taken by KPA against the Mombasa water firm's application for leave was unsustainable.

The company, led by its director Peterson Mitau, approached the court following their victory in a case against the parastatal last year.

According to Mr Mitau, KPA had failed to comply with a directive requiring it to provide a bank guarantee within 30 days after successfully applying for a stay of the execution of the judgment in the form’s favour.

“KPA’s application of stay pending an appeal was allowed on condition that a guarantee be deposited within 30 days from the date of the ruling. However, KPA did not comply... "