A letter shared on social media by former Law Society of Kenya (LSK) president Nelson Havi has raised questions about the operational setup of the Office of the Attorney General of Kenya and its interaction with private law firms.
The unsigned letter, marked “Private and Confidential,” claimed that the Attorney General was running official government business from offices associated with TripleOKLaw, a private law practice headquartered at ACK Garden House, 1st Ngong Avenue, off Bishop Road, Nairobi.
It alleges that confidential government files, some marked “SECRET,” have been handled within office spaces associated with Attorney General Dorcas Oduor.
The letter also stated that documents from the National Treasury and other ministries had found their way into the private firm’s premises, and that government correspondence was being generated or handled using the firm’s resources.
Nelson Havi, who currently serves as Chairperson of the Board of Directors at the Retirement Benefits Authority (RBA), posted the letter on his social media accounts on Tuesday, citing it as evidence of serious breaches of government protocol.
In the post, Havi described the communication as originating from an associate at TripleOKLaw LLP.
The letter, addressed directly to Havi, claimed that Attorney General Dorcas Oduor maintains a private office within TripleOKLaw LLP where government business is conducted. The whistleblower revealed that government documents and files, some classified, are stored and handled in spaces linked to the law firm.
“The Attorney General, Dorcas Oduor, has a private office at TripleOKLaw and she conducts government business from here. Government files marked ‘SECRET’ are all over our office,” read part of the letter, which Havi said he received on Tuesday.
The letter further suggested that official correspondence from the National Treasury and other government entities has been sent to TripleOKLaw LLP’s offices.
TripleOKLaw LLP, founded in 2002, is a full-service law firm with operations across commercial law, dispute resolution, banking and finance, real estate, telecommunications, media, and energy sectors.
The firm has represented multiple state corporations, including Safaricom, Kenya Airways, the Kenya Pipeline Company, and the Kenya Airports Authority (KAA).
It has also been recognized in legal rankings and awards, including the African Legal Awards, and is a member of Meritas, a global network of independent law firms.
According to the letter shared with Havi, the whistleblower identified themselves as an associate of TripleOKLaw LLP, expressing concern over the mixing of private practice operations and government business.
The communication, marked “PRIVATE & CONFIDENTIAL,” called on Havi to make the information public, framing it as a breach of protocol and potential corruption.
The publication of the letter by Havi on social media coincides with ongoing public scrutiny regarding legal fees claimed by private law firms representing government entities.
TripleOKLaw LLP reportedly demanded Ksh 250 million from the Kenya Airports Authority (KAA) for legal services in the Adani-related disputes, which some legal commentators have described as unusually high for government-related litigation.
Attorney General Dorcas Oduor, Kenya’s first female AG, was sworn into office on August 20, 2024, following her nomination by President William Ruto and subsequent approval by Parliament.
Prior to her appointment as Attorney General, Oduor served as Secretary of Public Prosecutions at the Office of the Director of Public Prosecutions (ODPP), where she accrued over two decades of experience as a career prosecutor.
Her career includes participation in multiple high-profile commissions, such as the Akiwumi Commission on land clashes, the Bosire Commission on the Goldenberg Affair, and the Kiruki Commission on the “Artur Brothers.”
In her capacity as Attorney General, Oduor serves as the principal legal adviser to the government, with responsibilities under Article 156 of the Constitution to coordinate legal representation involving public entities.
Government legal services are ordinarily expected to follow established procedures, including authorization of fees and coordination of legal briefs, particularly when state corporations are clients.
Nelson Havi, a prominent Kenyan lawyer and former LSK President (2020-2022), has been vocal on matters relating to legal ethics, public accountability, and corruption. Havi was the lead counsel in the successful petition challenging the Building Bridges Initiative (BBI) and has represented high-profile clients in constitutional disputes, including formerly exiled lawyer Miguna Miguna.
He has previously criticized judiciary appointments and government decisions, reflecting his long-standing engagement with legal and governance issues in Kenya.
Connection to KAA Legal Fees Dispute
Following the publication of the letter, public attention shifted to an earlier claim involving the same law firm.
Reports had circulated that TripleOKLaw LLP was seeking payment of Ksh 250 million from the Kenya Airports Authority (KAA) for legal representation in a dispute involving India’s Adani Group.
Mr Havi commented on the issue in a separate social media post, questioning the size of the claim and suggesting that it reflected broader issues in the management of public legal briefs.
“It explains why KAA was paying Ksh 250,000,000 for briefs that others would have defended pro bono,” he wrote.
The letter shared with Havi details the alleged operational setup within TripleOKLaw LLP, where the whistleblower claimed that official government files were handled alongside the firm’s private practice.
It claims that government business, including files from the National Treasury, has been processed and stored within the firm’s offices.
The whistleblower also noted that TripleOKLaw LLP maintains a network of partners and associates handling both private and government matters from the same premises.
The issues raised intersect with ongoing public attention on legal fees claimed by private law firms representing state agencies.
The whistleblower’s claims describe the organizational setup within TripleOKLaw LLP, showing that multiple partners and associates handle both private and government matters from the same office spaces.
According to the letter, this arrangement could create difficulties in controlling government documents and maintaining a clear separation between private work and public responsibilities.
The dispute over the Ksh 250 million legal fees to KAA for the Adani-related cases has sparked debate over how the value of legal work for state entities is determined.
Legal analysts note that such large claims are unusual in government matters and suggest that authorization processes normally coordinated by the Attorney General’s office may have been delayed, leaving uncertainty over the justification for the payment demand.
The letter also describes how communications from other government ministries were processed or temporarily stored within TripleOKLaw’s offices, which may create vulnerabilities in handling classified or sensitive state information.
TripleOKLaw LLP’s dual involvement in state-related litigation and private corporate work draws attention to how the firm manages document flow, client confidentiality, and adherence to legal requirements for government engagement.
Observers point out that mixing private legal work with state representation requires strict internal controls to prevent conflicts of interest and maintain transparency.
The issue has prompted discussion within legal circles about how state legal representation is coordinated, specifically the role of the Attorney General’s office in supervising private law firms engaged by government entities and verifying that their work follows legal and ethical guidelines.
