A lawyer who represented Mr Kenneth Matiba is seeking the assurance of the family and the government that the payments awarded to the multiparty hero will not be made behind his back.
Mr John Mburu, who represented Mr Matiba as he pursued compensation from the government, said in a suit filed in court that there have been efforts to lock him out of the payments.
In an application before the deputy registrar of the High Court, Mr Mburu wants his fees separated from the decree so that he can pursue his payment “separately in exercise of his lien over the decree”.
The court ordered the government to pay Mr Matiba Sh135 million as the cost of the suit, half of which Mr Mburu wants, plus VAT.
Documents tabled in court showed that Mr Mburu was paid a deposit of Sh200,000.
DETENTION
Schedule 6, (A and B) of the Advocates (Amendment) Remuneration Order, 2014 says an advocate is entitled to a minimum 50 percent of the cost of a suit.
Last August, the High Court ordered the government to pay Mr Matiba for illegal detention, damages and costs of the suit.
But the government is yet to pay the money, which now stands at more than Sh1.7 billion. The amount keeps rising at the rate of Sh22,062,404 million per month due to interest.
Mr Mburu said he put great effort in the case, but said the family has frustrated him over his fees, starting with attempts to interfere with party and party (between the family and the government) costs, which is not negotiable.
RELATION
He alleged that the family tried to file a reduced bill of costs.
He claimed that the family has made efforts to be paid behind his back, and took full grant of letters of administration secretly in order to proceed with the case without his knowledge.
“It is clear that they are trying to be paid the decretal sum, plus interest, behind the advocate’s back in order to deprive him of his just dues,” he said.
He has named Mr Matiba’s widow Edith, children Susan Wanjiku Matiba-Mwamto and Raymond Matiba, and the attorney general, as the respondents.
He said his relationship with the family has broken down irretrievably, so the court should grant him the orders sought.