This archive report was first published on 10 May 2021.
On July 30, 2019, a High Court judge had ruled that former judge Muga Apondi could pursue fees from Philip Nyachoti, who instructed him in an election petition case.
However, in a recent decision, a bench of three judges at the appellate court has overturned this ruling, stating that Apondi had not been instructed by former MP Elizabeth Ongoro to handle the case.
According to the judges, there was no advocate-client relationship between Apondi and Ongoro in the election petition, as the instructions were given to Nyachoti.
The judges cited the Advocates Rules, which dictate that where an advocate instructs or consults another, or asks him to hold his brief, the instructing lawyer is personally liable to pay that other advocate's fees.
Lawyer Nyachoti had moved to the appellate court after Apondi filed a bill of costs against him of Sh2.59 million.
Lawyer Nyachoti argued that Apondi was not given instructions directly by Ongoro but had volunteered to assist in prosecuting some of the election petitions in 2017.
Apondi, on the other hand, submitted that Ongoro had not agreed to pay him professional fees directly but that he had always dealt with the matter through lawyer Nyachoti.
