GOVERNMENT YET TO PAY MATIBA FAMILY SH 1.6 BILLION.

By Nairobi Times -
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Multiparty Kenneth Matiba Lawyer John Mburu who wants his fees case heard separated so that he can be at liberty to pursue his payment from the government speaking to NairobiTimez at Milimani Law Courts building in Nairobi.

BY SAM ALFAN.

High court will hear a dispute by an advocate who represented multiparty Kenneth Matiba over his legal fees.

Lawyer John Mburu, who represented Matiba wants his case, be heard to separately from the total amount the family will receive from the government.

The lawyer wants his fees separated so that he can be at liberty to pursue his payment separately from the government.

Mr Mburu said he put in so much effort in the case given the complexity of the matter but since the judgment was granted, the family has tormented him over the issue of his fees starting with illegal attempts to interfere with party and party costs.

According to the lawyer the family is trying to get his legal fees behind his back and deny him 50 per cent of the amount, as required by Advocates remuneration order.

The lawyer says that the government is yet to pay the family the amount which stands at 1.6 billion shillings.

Matiba was awarded the compensation on August 16, last year. Matiba, 85, died on April 15 after years of ill health. He died before receiving the award.

Other than compensation which now stands at more than Sh1.6 billion, the court awarded.

Mr Matiba costs of the suit amounting to Sh135 million. According to the law, Mr Mburu should get 50 per cent of the amount minus a deposit of Sh200,000, which he had been paid and disbursements.

Mr Mburu wants his fees separated so that he can be at liberty to pursue his payment separately, from the government.

Last August, the High Court ordered the government to pay Mr Matiba for illegal detention, damages and costs of the suit. Party and party cost is additional relief the petitioner is given and which is to be paid by the government.

Mr Mburu said he put in so much effort in the case given the complexity of the matter but since the judgment was granted, the family has tormented him over the issue of his fees starting with illegal attempts to interfere with party and party costs.

He said they allegedly tried to file an unprofessional bill of costs in order to have it reduced to a negligible sum well below the minimum payable as party and Party costs.

The family, he said, has purported to arrogate unto themselves ownership of the decree to his exclusion and proceeded to treat it as their property thereby relegating him to the position of an intruder to the same dispute.

He said in a statement filed in court that the family has made efforts to be paid directly and behind the his back and have taken full grant of letters of administration secretly in order to proceed with the case without his knowledge.

According to the lawyer, the relationship is irretrievably broken and the court should grant him the orders sought, so that he could pursue the balance appropriately.

“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 in an affidavit.

Mr Mburu has named Mr Matiba’s widow Edith, children Susan Wanjiku Matiba- Mwamto, and Raymond Matiba, who are the administrators of the estate.

He said he built the case from the scratch and after winning the matter, the Attorney General was willing to settle it in reasonable installments but the negotiations never went through.

Mr Mburu maintains that he deep respect for the late Matiba and does not wish to spoil his legacy considering the suffering he went through. He said he was a personal friend and is not willing to be involved in any confrontation with the family over his estate, which could spoil or demean his legacy.

The Deputy registrar directed the parties to appear before Justice Chacha Mwita and argue their case.

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