Prof Tom Ojienda for Nairobi Governor Dr Evans Kidero leaving Milimani law courts on Wednesday September 3,20 BY THOMAS KARIUKI.
Nairobi Governor Dr Evans Kidero has now turned his guns on a senior counsel representing Kakamega Senator Dr Bonny Khalwale.
Dr Kidero argues that SC Ahmednasir Abdullahi, lead counsel for Dr Khalwale is the sole conciliator in an ongoing arbitration between Mumias Sugar Company and Mumias Outgrowers Company whose subject matter is valued at Sh3.7 billion.
“The plaintiff present case is likely to be prejudiced. This is because the arbitrator is likely to use the information acquired during arbitration proceedings to the disadvantage of the plaintiff,” Dr Kidero said.
Through his lawyer Prof Tom Ojienda, he said that Dr Khalwale’s defence is pegged on the documents and evidence in arbitration proceedings between Mumias Company and Mumias Outgrowers, Ahmednasir is likely to be called upon as a witness to testify concerning the present suit.
Dr Kidero sued Kakamega Senator for defamation on July 1 over his repeated utterances and publications made between June 26 and July 1 2015.
It is evident the defence has brought before the court the claim for Sh3.7 billion that the Outgrowers company is apparently seeking from the arbitration proceedings, Prof Ojienda said.
The money is alleged to have disappeared during the tenure of Dr Kidero in his tenure as the Managing Director of Mumias Sugar Company.
Dr Kidero accordingly opposed the move alleging that the senator is trying to make the plaintiff personally and veraciously liable for the management decisions that were made during his leadership as Mumias boss.
“Allowing SC Ahmednasir to act for Dr Khalwale would be a gross violation of advocate rules,”
“By purporting to want to lead the defendant in this suit whose defence is mainly pegged on the ongoing arbitration proceedings, Ahmednasir is obviously defying the rules regarding impartiality and independence of an arbitrator. His very expression of interest in this matter breaches the duties of an arbitrator,” Dr Kidero said.
Nairobi governor also said that the senior counsel is therefore precluded by his duties as an arbitrator from engaging in any conduct that brings his independence and impartiality into question.
“Pending the hearing and determination of the application dated July 1 2015, there be an order by this court barring Ahmednasir SC from acting as lead counsel for the defendant,” Prof Ojienda says.
