The National Hospital Insurance Fund Board of Management has moved to court against Webtribe Limited, trading as Jambopay, for failing to remit funds collected as per the contract. The NSSF board submitted an application on March 28, 2023, through an affidavit sworn by Adrian Ojiambo for the court to appoint an arbitrator in the case.
The Board wants the court to appoint a referee to examine, ascertain, and give a report on the actual sums collected by the Jambopay in statutory deductions or contributions from members in the relevant period. The board further wants the appointed referee to ascertain the remuneration due and appropriated by Jambopay and the money wrongly withheld or retained.
However, Jambopay, in a quick rejoinder, has opposed the appointment of a referee through a replying affidavit sworn by Danson Muchemi on March 31, 2023. Jambopay Ltd pleaded in its amended complaint that it collected member contributions amounting to Ksh. 33,364,378,594 in the relevant period. It further pleads that it was not paid Kshs. 172,767,716.75 and Kshs.350, 000,000 for revenue collection services and seeks the sum of Kshs.297, 123,384.18 as outstanding payment.
The NSSF board filed a counterclaim for Kshs. 80,972,234.71 being collections undertaken by the Jambopay but not remitted in the relevant period. The NSSF board however, invited the court to allow the application for the appointment of expert assistance and, therefore, the appointment of a referee to examine, ascertain, and give a report on the actual sums collected by Jambopay Ltd. as statutory deductions or contributions from members and examine all accounts to resolve the prolonged dispute and rival claims by the parties.
The NSSF board proposed the appointment of KPMG as referee and was ready to share in the costs of the said expert referee. However, Jambopay Ltd. opposed the move and argued that there would be no need to call an expert to come and determine their claim.
A ruling by Judge J.W.W. Mong’are dated October 5, 2023, reads, “I therefore find no good reason why I should not allow the engagement of an expert to distil the claims by the two parties and provide the court with a report on the same”.
The court directed the NNS board and Jambopay Ltd. to meet and agree with KPMG as proposed by the NSSF board and agree on the terms of engagement. The said firm is to provide the court with a timeline within which it expects to complete the expert report on the disputed account.
