The Law Society of Kenya has promised to take legal action against the Attorney General Githu Muigai and other top officials of the State Law Office for unconstitutional, illegal and unprofessional handling of Anglo Leasing cases.
The association of lawyers also said they would ask AG Githu Muigai, Solicitor-General Njee Muturi and Deputy Solicitor-General Muthoni Kimani to demonstrate why Certificates of Dishonour shouldn’t be issued to each of them. This, they say is for negligence or conspiracy with the executive to commit legal blunders culminating in payment of Sh1.4 billion worth of fraudulent contracts.
The Law Society of Kenya is also expected to file lawsuits in bids to declare the trio unsuitable to hold office and surcharge them for the costs of the cases.
Additionally, the society seeks to expunge Mr Githu Muigai from the Roll of Senior Counsel, one of the highest recognitions of experience and scholarly excellence in Kenya's legal profession.
Meanwhile, the LSK asked Githu Muigai to vacate his office by resigning since he misled the executive into believing the court cases over Anglo-leasing contracts were lost. The LSK chairman, Mr Erick Mutua iterated that Kenya willingly agreed to pay irregularly and without presenting reservations.
Contrary to claims by Githu Muigai, Mr Mutua said that the cases could be appealed revealing the casual manner in which Prof Githu Muigai's office handled the cases especially as the date of judgment neared in December2013.
The State Law Office failed to respond to five letters from Kenya’s lawyers in London seeking instructions, which enabled the judge to strike out Kenya’s defence and make a judgement against the country.
He said the lawyers from the firm of Edwin Coe wrote to the AG saying that Kenya was handling the case “in a very casual manner, there is a lot of money involved, I don’t seem to be getting adequate instructions on the matter and I’m concerned why the AG is handling the manner in a very casual manner.”
Mr Muturi then appeared before the judge in London and was allowed to act on behalf of Kenya despite the fact that he did not have a certificate to practice in the United Kingdom and Wales, making his submissions invalid.
LSK said that in its analysis of the case from the documents it had obtained, the British judge who handled the case between Universal Satspace and Kenya, Justice Teare was either incompetent in the matter or compromised.
This, they said, is because he allowed Mr Muturi to present Kenya’s defence and counter claim without establishing first whether he had a licence to practice in the Courts of England and Wales.
Mr Mutua says the judge ruled against Kenya based on hearsay and oral evidence without documents in which Kenya was rumoured to have agreed to pay $7.6 million after mediation.
Weighing in on the issues, the Coalition for Reforms and Democracy (CORD) strongly opposed President Kenyatta's order to pay Sh1.4 billion for sneaky contracts held by Anglo-leasing companies.
This, CORD said, was a breach of the very constitution that the president had sworn to protect. Additionally, they reminded the president that the constitution was not a lifeless antique piece in a museum, considering the struggle and zeal it took concerned citizens to obtain it.
“It is our considered view that the President’s decree in favour of Anglo Leasing is inadequate even to invite our conscience; impotent to warrant payment from the Exchequer; ridiculous for sanitising fraud; scandalous if brought forward to earn public support and monstrous enough to ruin our already strained economy,” CORD's acting leader, Prof Nyong'o stated.
The political outfit said they may consider going to court or leave the matter in the court of public opinion. Both CORD leaders, Prof Nyong'o and Kalonzo Musyoka termed the president's actions as the lowest ebb in the fight against corruption.
The Coalition for Reforms and Democracy also criticized the recent award of executive powers to county commissioners saying it was eating back on gains we had achieved so far with the new constitution.
Speaking elsewhere, Parliamentary Budget and Appropriations Committee chairman, Mutava Musyimi, said the debts had to be paid and urged others to get closure and move on. He was among the committee members who attended a meeting with the President at State House, Nairobi, on Thursday.
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