Between the law and the lawyers who would you think is the baddest?Imagine the state of a nation whose law is being manipulated by law practitioners.This reflection is being highlighted well by one of Kenya’s top lawyers.
Directorate of Criminal Investigations (DCI) director George Kinoti has filed an affidavit showing how Judicial Service Commissioner Prof Tom Ojienda siphoned more than Sh 22 million from a sugar company in fictitious court cases.
According to papers filed in court, one of the methods contractors and employees of Mumias Sugar Limited used to defraud the company was through fake court cases filed in Eldoret and Kisumu courts and payments of legal fees where the company was not a party.
In a replying affidavit through Chief Inspector Patrick Maloba, he says that Ojienda siphoned the money by pretending that he was acting for James Kutshishi Atindo and eight others in Kisumu appeal No. 5 of 2012 and Gideon Anyinya, Mumias Company Limited and West Kenya Sugar Limited in Eldoret in civil appeal number 10 of 2012.
“Ojienda is alleged to have raised a fee note of Sh2,040,000 dated June 6, 2012 under his law firm name to Mumias Sugar Company Limited in pretence he was acting for Anyinya, Mumias Sugar Company Limited and others versus West Kenya Sugar Company Limited in Eldoret civil appeal No. 10, 2012,” reads the court papers.
The officer also claims that Ojienda was paid Sh 22,688,000 legal fees which were dispatched to his personal bank account at Standard Chartered Nakuru branch under his law firm name.
“That investigation further revealed that Eldoret civil cases No. 10 of 2012 was a suit involving a fatal road accident and parties were Rose Cherono Biwott and Chirchir Rono as indicated by the Deputy Registrar Eldoret High Court,” says Maloba in his court documents.
According to comprehensive investigations carried out by detectives for four months over fraud at the company, the said court cases that Ojienda was paid for were different cases with different parties.