An embattled advocate of the High Court Miguna Miguna’s Lawyer, John Khaminwa and Haron Ndumbi Came under rabid criticism on Monday evening from a section of Kenyans on social media.
This is after their confrontation with an advocate sent to represent Attorney General Paul Kihara, Christopher Marwa, went viral on social media.
In video footage of a tiff between them in court, Khaminwa and Ndubi were recorded trashing Marwa’s presentation in court labelling him a “little boy’ who is illiterate and unqualified to offer anything substantive before the court.
The remarks did not augur well with netizens who took to Twitter to condemn the condescending remarks directed to the advocate.
In a series of tweets tearing into Miguna’s Lawyer, netizens said Khaminwa and Ndubi had no moral authority to silence Marwa basing on his experience.
The reservations expressed against the two advocates were termed retrogressive and vicious by others who believed Marwa deserved an equal opportunity to present his case in court without being interfered with.
According to Senior Counsel Nelson Havi, who is seeking to be the president of the Law Society of Kenya, the tiff between the lawyers was not offensive as envisaged on social media.
“Context is fundamental in understanding the altercation today in Court between Dr John Khaminwa and Harun Ndubi on one hand, and Mr Christopher Marwa on the other hand. Dr Khaminwa and Mr Ndubi act for Dr Miguna Miguna whilst Mr Marwa represents the Attorney General.
“In issue is the obedience of Court orders & adherence to the rule of law. The State has blatantly disobeyed orders & a decree to enable Dr Miguna’s return to Kenya.
“Dr Miguna’s Advocates are frustrated with the State’s defiance. Mr Marwa is hard-pressed to explain away the contempt,” tweeted Havi.
Havi noted that the confrontation entirely depended on the context of their argument considering that Miguna’s Lawyer might have been frustrated after several court orders in favour of their client were violated by the state.
He added that the three never took the argument too offensive adding the three were all in good terms with each other.
The Lawyers took to each other during a case where AG Kihara was required to present himself to court to explain why the state had not honoured several court orders directing them to facilitate and allow entry of Miguna into the country.
Here is what Kenyans had to say about the confrontation:
You go through four years of Law School and a further training at Kenya School of Law, only to be admitted to the bar and be disrespected like this? Could never be me. I applaud that young advocate for keeping his cool. Anybody else and this courtroom would have been in flames. https://t.co/MG6J8DMn5A
— Gabriel Oguda (@gabrieloguda) January 13, 2020
Khaminwa and Ndubi are surely the losers. Resulting to harassing a lawyer as "This young man" They have nothing intellectual to silence him with! #MigunaMiguna Westlands President Uhuru Kenyatta pic.twitter.com/Sk6DEOlARX
— Pat (@254KEac) January 13, 2020
We condemn with the strongest words possible the condescension by Haron Ndubi and Khaminwa of a learned colleague on account of his youth and inexperience.
— Ambrose Waigwa (@WAIGWAMKUU) January 13, 2020
It's a big shame to SC Khaminwa who I know for a fact, always goes to court in the company of his daughter who's also a young Advocate. https://t.co/PJwxGfVnCh
— Brybell (@BryBell11) January 13, 2020
So are law matters based on the constitution or age? A young man who practices law has a right to make his statement… Someone tell Khaminwa that. @MigunaMiguna Tell your Lawyers to be Disciplined. Organize, Mobilize. Viva https://t.co/dH2IYgbrKJ
— Nguka Ojwang' (@_Nguks) January 13, 2020
So are law matters based on the constitution or age? A young man who practices law has a right to make his statement… Someone tell Khaminwa that. @MigunaMiguna Tell your Lawyers to be Disciplined. Organize, Mobilize. Viva https://t.co/dH2IYgbrKJ
— Nguka Ojwang' (@_Nguks) January 13, 2020
The solution is having positive attitude at workplace and leveraging diversity of experience and use it to improve the product and processes in our organisations. There is no defined age for power and control which is the true source of generational conflicts. Khaminwa
— Robert Mkenya (@robertorxketch) January 13, 2020
The young advocate was right article 156 (7) says "The powers of the Attorney-General may be exercised in person or by subordinate officers acting in accordance with general or special instructions" John Khaminwa and Haron Ndumbu respect is earned…. not given. pic.twitter.com/nk2UZmEcal
— KENNETH (@IkeOjuok) January 13, 2020