Advocate wins a major case, Nairobi County is ordered to pay KSh 500m

  • Samson Masaba of the Munikah & Company Advocates Company was fortunate enough after the High Court’s decision in Nairobi
  • Judge Helene Namisi noted that the county had not provided sufficient evidence or legitimacy to indicate that the award was flawed
  • According to court documents, the lawyer was hired in 2003 by the Nairobi City Council that has now been canceled, to sue the Land Commissioner on his behalf to restore land tariffs

The Supreme Court has dismissed Nairobi County government’s request to ban KSh 498.7 million for lawyers for legal services provided 18 years ago.

Nairobi Governor Johnson Sakaja. His county has been forced to pay a high fee. Photo: Johnson Sakaja.
Source: Twitter

Samson Masaba of Munikah & Company Advocates has been given relief after the Supreme Court rejected the County Government’s request to cancel the attorney’s bill for 2006 services.

How did the Supreme Court decide?

The essence of the dispute was the initial payment of KSh 60.7 million to the attorney for defending the City Council in the land tax case.

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However, Judge Helene Namisi noted that the county had not provided sufficient evidence or legitimate legitimacy to indicate that the award was flawed.

“The complainant (Nairobi County government) has failed to show any fundamental offense that would force this court to intervene. The accusation that the complainant wants to double the work is incorrect and is not valid on the record,” Namisi decided, as reported by Daily Nation.

Why did Nairobi County oppose the fees of Advocate Masaba?

The county government insisted that Masaba should not chase the KSh 498.7 million city council for the service as soon as the case progressed.

The amount related to the Masaba case has been the topic of previous court sessions. According to the June 2022 decision, the amount went up to KSh 800 million.

According to court documents, the attorney was hired in 2003 by the Nairobi City Council that has been canceled, to sue the Land Commissioner on his behalf to restore land tariffs.

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In January 2007, he received KSh 60.7 million as an attorney fee.

However, he was re -employed in July 2007 following the 13 billion shillings filed by the Attorney General against the City Council.

Advocate wins a major case, Nairobi County is ordered to pay KSh 500m
City Hall has been involved in payment disputes with several lawyers. Photo: Donwilson Odhiambo.
Source: Getty Images

What other conflicts did City Hall face?

The court’s decision comes when City Hall and Advocate Donald Kipkorir are related to the legal war on KSh 1.3 billion for Kipkorir’s legal services to the canceled county council in April 2012, which involved ownership of military land.

Nairobi County opposed the same amount, claiming that Kipkorir’s stewardship company, Ktk Advocates, had an agreement with City Hall paid KSh 400 million as well as Value Added Tax (VAT).

Kenyans on social networks questioned the high fees, claiming they were part of the dollar.

However, Kipkorir defended the high fees, emphasizing that they were based on the fact that he represented the county in a case of 3,000 acres of land worth Ksh 61.5 billion.

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This issue is similar to another case of 2017, in which the county was forced to pay Senator of Kisumu Tom Ojiopa Ksh 264 million for five times which he represented the county government in 2014.

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Source: TUKO.co.ke