The outgoing Kisumu City manager, Abala Wanga, has asked the Chief Justice Martha Koome and the Judicial Service Commission (JSC) to urgently investigate the handling of a court case that resulted in a Sh7.203 billion judgment against the Kisumu City Board.
In a petition dated October 2, 2026, Wanga said the city had already lodged an appeal and would seek a stay of execution to prevent enforcement of the judgment pending the appeal.
The dispute stems from a December 2020 agreement between the city and Spacebuster Ltd for the design, installation and management of 6,000 tuck shops in Kisumu for 10 years.
Under the agreement, the City Board was to receive Sh500 per shop each month, while Spacebuster would retain Sh9,500.
Wanga said he suspended the project in March 2021 after what he described as “mistakes and material misrepresentation of facts” in the contract.
He said some containers had been removed because they lacked development approvals or had been placed outside agreed locations, including on drainage lines and walkways.
Wanga also alleged that Spacebuster had failed to provide evidence of financial capacity and other conditions required under the agreement.
The company subsequently sued the city. According to Wanga’s petition, a Spacebuster witness accused him of demanding a Sh10 million bribe for each designated area.
Wanga described the allegation as malicious and defamatory and said it was unsupported by evidence.
He further complained about the conduct of the court proceedings, saying the city’s lawyers had sought an adjournment to prepare their defence but the request was declined.
The petition says the city’s counsel subsequently sought the judge’s recusal, but the application was unsuccessful.
Wanga alleges that the City Board was then not given an opportunity to present evidence, call witnesses or cross-examine Spacebuster’s witness.
He says Justice M.S Shariff subsequently treated Spacebuster’s evidence as unrebutted and awarded the company Sh363.33 million for alleged direct expenditure and losses.
A further Sh6.84 billion was awarded for projected income over the 10-year period, calculated using 6,000 shops at Sh9,500 per shop per month.
The total award was Sh7.203 billion, excluding interest and costs, according to the petition.
Wanga said enforcement of the judgment could have a significant effect on the county government, claiming the amount represented more than 60% of Kisumu County’s annual budget.
He warned that execution could affect service delivery and development projects and expose county assets to auction.
Wanga has asked the JSC to expedite its investigation into the complaint and called on the Chief Justice to have the matter treated as urgent because of its public interest implications.
Wanga also said he had advised his successor, Fredrick Mariwa, County Attorney Aluoka and City Board chairman Ken Nyaganga to immediately file a notice of appeal and an application for a stay of execution.
The petition follows what Wanga describes as decisions by Justices Joe Omido and Shariff, and calls for the appeal to be heard on a priority basis.
The allegations in the petition have not been independently established, and the outcome of the proposed appeal and the JSC complaint is not yet known.
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