Nairobi lawyer sued by client over ‘unfair’ legal fees


Nairobi lawyer sued by client over 'unfair' legal fees
File image of Milimani Law Courts. PHOTO| COURTESY

In Summary

  • A client has sued his advocate over what he termed as unfair legal representation fees and fraud.
  • Adrian Sanita wants the court to scrutinize discharge vouchers which were used by the advocate in paying his dues which arose from compensation by his former employer after the court found that he and others were retrenched unfairly.
  • The lawyer, however, maintains that there was a valid consent which was duly signed by all the clients he represented in the matter.

A client has sued his advocate over what he termed as unfair legal representation fees and fraud.

Adrian Sanita sued Advocate Anthony Oluoch, who doubles up as Mathare North Member of Parliament, following after the conclusion of a case in which the complainant was seeking compensation for unfair dismissal.

Mr. Sanita is disputing legal costs and wants the court to scrutinize discharge vouchers which were used by the advocate in paying his dues which arose from compensation by his former employer after the court found that he and others were retrenched unfairly.

The former employer, Telkom Kenya Limited, paid money to the advocate’s bank account and was to be disbursed to various individuals.

In the court documents, the claimant says that payments varied highly from one individual to another yet they were all at the same level of employment.

Through an advocate, Sanita claims that Mr. Oluoch deducted 30% of advocate fees as well as taxes from the compensation yet there was legal notice exempting taxes from the compensation money.

“Your lordship this law firm also deducted money for auctioneers and we don’t know at what point they instructed the auctioneers and the business they were meant to perform,” submitted the claimant’s advocate.

Sanita wants the court to first set aside a purported consent by advocate Oluoch terming it as fraudulent as it bares forged signatures.

“We pray that this court addresses its mind to this consent as it is fraudulent. It is unfair for one to work for so long and fight a court battle then an advocate gets half of the money,” lamented Sanita.

Mr. Oluoch, however, maintains that there was a valid consent which was duly signed by all the clients he represented in the matter.

He also says that payments were effected and discharge vouchers were signed by clients to show they received payments and explanations on how deductions were done including advocate fees.

“Your lordship, since the payments were made, no any other person has filed a complaint except for the one herein,” submitted Oluoch’s advocate.

Oluoch through his advocate maintains that the complaint is not in good faith.

Justice Byram Ongaya of the Employment and Labor Relations Court will make a ruling on April 27, 2018 on whether the said consent is fraudulent or not, to set a ground for the case to proceed.

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