SH284 CLAIM

Koinange estate lawyers seek court protection

They accuse Mbiyu's widow of making a false complaint to the police

In Summary

• Lawyers dispute figure, saying what is held in trust is Sh166 million not Sh284 million.

• Say if any money was lost it's a matter of professional ethics under Advocates Act.

Former Cabinet Minister Mbiyu koinange's children George Kihara (C) and Lena Koinange (2R) with family members Nancy Waigango (L), Angela Wambui - a granddaughter (2L) and Sussan Kihara (R) leave Milimani courts, September 2015.
Former Cabinet Minister Mbiyu koinange's children George Kihara (C) and Lena Koinange (2R) with family members Nancy Waigango (L), Angela Wambui - a granddaughter (2L) and Sussan Kihara (R) leave Milimani courts, September 2015.
Image: FILE

Four top city lawyers have dashed to court to stop their prosecution over alleged misappropriation of a client's Sh284 million held in trust.

Alice Wahome, Evans Monari, Justry Nyaberi and Beatrice Kariuki had been summoned to record statements over allegations of misappropriation of funds belonging to the estate of the late Mbiyu Koinange.

They have sued the Directorate of Criminal Investigations, the Director of Public Prosecution, the Attorney General together with Eddah Mbiyu.

 

The lawyers dispute the figure quoted as client money. They said what was being held in trust is Sh166 million and not Sh284 million as alleged.

According to the lawyers, the matter of accounting was suspended pending the judgment but Eddah made a false complaint to police and even had articles published in media.

The lawyers say despite their good work of representing the estate of late Koinange over the years, they have learnt that the DCI has recommended to the DPP to order their arrest and prosecution.

"The petitioners are as such very apprehensive that the respondents may cause their arrest and charge within the seven days without any due regard to the succession cause presently in court and the harm on their stellar reputation for which they have toiled over several years of their respective illustrious careers," they say in suit papers.

The lawyers asked the court to take judicial notice of the fact that no such complaint had been filed before Advocates Disciplinary Committee despite the law providing for it.

Under the law, estate administrators ought to render a full account to the succession court of how the estate has been expended and it is upon the court to raise queries.

However in the present case, since filing of the accounts in 2014, the estate has not been queried to date by any administrator or counsel in court.

 

The lawyers say if there was any question on misappropriation of client funds, it is a matter of professional ethics which falls under the Advocates Act.

They believe Eddah is behind their troubles to ensure they are subjected to a flawed criminal process that is smeared with illegalities.

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