This archive report was first published on 30 June 2019.
Published on June 30, 2019, a High Court judge has struck out a bill of costs filed by a lawyer seeking over Sh3 million from Likuyani MP Enoch Kibunguchy.
The court was told that another lawyer, Peter Wena, was paid Sh1.2 million as agreed in a retainer agreement.
Lawyer Diana Githuku of Githuku and Githuku Company Advocates had moved to court, seeking Sh3 million from the MP as legal fees for representing him in a petition arising from the 2017 General Election.
However, the MP maintained that he paid Wena as agreed, and that a written retainer agreement between him and Wena supersedes any oral agreement purportedly entered into between Githuku and the MP.
Justice William Musyoka ruled that Githuku could not prove that the retainer agreement was fabricated, and therefore it was binding.
“From the evidence on record, the respondent (MP) was not privy to any internal arrangement between the two advocates. They were acting for a client under the umbrella of the Applicant’s (Githuku’s) firm which was not a matter of concern as long as he paid the legal fees in full as provided for in the retainer agreement,” said Justice Musyoka.
He maintained that the respondent cannot pay above the legal fees agreed to, and that if Githuku had any claim, he ought to demand from Wena.
