LSK accuse Executive of interfering in court cases
The Law Society of Kenya (LSK) has accused government of using its various agencies to interfere in some cases taken up by advocates while also threatening and preferring charges against their members in the course of their duty.
Led by LSK president Eric Theuri, the lawyers say they are concerned that the increased trend is intended to frustrate the ability of their members to render competent services to the public and that the actions constitute a threat to the rule of law and the administration of justice.
They have cited a lawsuit instituted by Wamunyoro Investment Limited, a company associated with Deputy President Rigathi Gachagua, at the Environment and Land Court in Nairobi under case number E.242 of 2022 against John Michael Ohas and Columbus Two Thousand Limited for the ownership of Property Land Reference No. 209/12077. Chief Land Registrar also is listed as a Defendant in the matter.
He continues to explain that the case was responded to through a Statement of Defence and Counterclaim drawn by law firm Ombok & Owuor Advocates LLP, dated November 10, 2022, a firm which had been retained by Mr. Ohas and Columbus 2000 Ltd. for purposes of the suit.
“While the dispute is pending determination in Court, the DCI decided to summon several key witnesses in the matter for alleged investigations into validity of documents relied on as evidence by Mr. Ohas and Columbus 2000. Among those summoned were Mr. Ohas’ son and co-director of Columbus 2000 Ltd., James Hillary Paul Othieno Ohas and Benard Ogechi, one of the witnesses lined up to testify on behalf of Mr. Ohas. The case is scheduled for hearing on the 21st and 22nd of June 2023 but the Advocates for the Plaintiff on the 16th June, 2023 wrote and informed the other parties that the Deputy President who is a witness in the case was unavailable due to his work schedule.” Said a statement read by Theuri.
“On 16th June, 2023, Mr. Moses Owuor Advocate visited the Milimani Law Courts where Mr. James Hillary Paul Othieno Ohas had been detained for purposes of representing him in court. He was arrested and charged under Police Case No. 122/225/2023 on account of several accusations similar to and in addition to those against Mr. James Hillary Paul Othieno Ohas.”
The lawyers alleged some of the charges against Owuor as uttering a false document, making documents without authority and involvement in a conspiracy to defraud.
Theuri lamented what he termed a well-choreographed plan by the DPP and DCI to invalidate the documents in support of the case to give undue advantage to Wamunyoro Investment Limited whose Director is Deputy President Rigathi Gachagua and deprive the defendants of their justiciable claim over the property.
“The best practice in such cases is to defer any criminal charges until the conclusion of the civil claim to prevent a situation where the High Court and the criminal Court arrive at two different conclusions. This is a time honored tradition and therefore the failure to observe such basic rules points to ulterior motives intended to defeat the course of justice.” LSK president said.
He said that LSK has received several complaints where DCI has recommended charges against Advocates for discharging their professional duty, adding that the common denominator in all the cases is the fact that the charges are intended to aid one party in a civil dispute over the other.
“Regrettably those charges have been approved by the Director of Public Prosecutions despite the fact that those Advocates have complied with internationally recognized professional duties and standards of practice and ethics.”
Citing United Nations’ Basic Principles on the role of lawyers, Theuri said the government is required to ensure that lawyers are able to perform all their professional functions without intimidation, hindrance, harassment or improper interference and that Advocates shall not suffer or be threatened with prosecution or administrative, economic or other sanction for any action taken in accordance with recognized professional duties, standards and ethics.
