BY SAM ALFAN.
Former Judicial Service Commissioner Tom Ojienda has been dealt a blow after a magistrate slashed a fee he is demanding from Nairobi city county from Sh94 million to just about half-a-million.
Prof Ojienda wanted Sh94,415,185 million for representing the county during Governor Evans Kidero tenure.
However, Employment and Labour Relations Courts deputy registrar Alex Kyany’a reduced the amount to Sh448,328, terming the initial fee as excessively high.
The principal magistrate said the lawyer’s demand for payment of Sh93.9 million as instruction fees was a gross exaggeration especially because the matter that did not proceed to hearing after a settlement was reached. He reduced the instruction fees to Sh150,000.
The decision saves Governor Mike Sonko administration millions of money, especially because it has been facing legal demands by law firms, which claimed to have represented the county in various court cases.
In the decision, the Deputy Registrar cited superior court’s decisions where it was ruled that compensation for instruction fee should avoid enrichment for any of the parties and that objectivity should be applied.
The registrar added that the matter was not complex, noting that case was settled on April 20, 2018 though the court was not given particulars of the consent (of settlement).
“This matter was also not complex. Justice Jackton Ojwang laid out considerations for a complex matter. The party claiming complexity must identify the complex issues,” he said.
On September 25, 2018 Ojienda moved to court arguing that he had been awarded the Sh87,378,487.75 after the court on March 29, 2017, ordered that the legal fees owed to him accrue interest of 14 per cent until payment in full.
Ojienda further applied that Nairobi County Secretary and Chief Office to pay the amount plus the interest.
