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Lawyer Loses Ksh94M Legal Fees Claim

  • Senior counsel Tom Ojienda has lost his bid to claim Ksh 94 million for legal services he offered to the Nairobi County government in 2014.

    The Employment and Labour court’s principal magistrate Alex Kyanya denied Ojienda’s attempt at securing a huge pay day.

    He noted that Ojienda’s amount was exaggerated and reduced it to Ksh 448,328. 

    Senior Counsel Tom Ojienda.

    Senior Counsel Tom Ojienda.

    File

    Magistrate Kyanya ruled that objectivity should be applied in such cases where a party was seeking compensation for instruction fees.

    He further added that the lawyer should not use the fee claim in order to issue an exorbitant amount.

    Kyanya ruled that both parties had settled the case on April 20, 2018, but the court was not given the exact details of the settlement. 

    This, he stated, made Ojienda’s fee claim unfounded. 

    This is not the first time that the former Law Society of Kenya (LSK) has made attempts to seek compensation for legal fees. 

    Recently, Ojienda had filed an application to have two county government officials punished for allegedly failing to pay Ksh 75 million debt.

    He faulted County Secretary Pauline Kahinga and Chief Officer Finance Winfred Gathungu for failing to adhere to court orders dated October 2, 2017, which impelled the two officials to pay the amount.

     However, Justice John Mativo dismissed the application noting that Ojienda had breached the law by not following due procedures provided in the Government Proceedings Act.

    Currently, the lawyer is seeking Ksh 75 million from the Nairobi County government to be paid for legal services he rendered during former governor of Nairobi County, Evans Kidero’s time.

    Ojienda also serves as Kidero’s private lawyer on a number of legal matters. 

    File image of a court gavel

    File image of a court gavel

    File

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