BY SAM ALFAN.
Law Society President of Kenya President Eric Theuri has defended city lawyer Donald Kipkorir over legal fees amounting to Sh1.3 billion that was paid to him for representing Nairobi City County in a land case.The LSK boss said in tweet that advocates should be paid what they have earned.
As long as the fees is according to the ARO (Advocates Remuneration Order) the quantum is immaterial. We should uphold application of the Law at all times,” Theuri tweeted.
LSK President told NairobiTimez that legal fees are determined by the value of the subject matter, complexity, time and effort put in the case. He added that the fees are also regulated under the Advocates Remuneration Order.
“There, therefore ought to be no hue over the quantum of fees assessed unless one is able to demonstrate that the court failed to consider relevant facts or took into account irrelevant considerations and therefore arrived at the wrong decision.The amount involved does not make a bill invalid,” said Theuri.
He added that where there is a dispute over fees to be paid to an advocate, the same is presented before the taxing master for assessment of the amount to be charged.
“Once the court determines the quantum of fees the client can challenge the same,” he added.
Kipkorir is known for his flashy lifestyles and driving big cars and has associated with treating his friends in what he terms as breaking the bread. He appreciated Theuri for standing up for him.
“Thanks Mr. President for standing up for us,” Kipkorir said.
The Lawyer who is a strong supporter of Azimio Presidential candidate Raila Odinga added that it was sad when lawyers join the mob when they ought to know how Advocates (Remuneration) Order works.
Speaking to NairobiTimez , lawyer Kipkorir said legal fees in Kenya are regulated by and the law provides for both mathematical formulae of computing fees.
“Legal fees in Kenya are regulated and the law provides for both mathematical formulae of computing fees. When assessed by the High Court, the law gives unfettered discretion to the Court but pursuant to established principles. Those ignorant of the law and the full information of the Sh.62 billion litigation that took place for over ten years wrongly assume an award of legal fees if Sh.1.3Billion is high”, said lawyer Kipkorir.
“Waikwa who is supposed to be a lawyer wants me to litigate here?” He paused.
Kipkorir had urged lawyers to compute basic advocate or client costs for Sh62 Billion litigation that took place for ten years and concluded to satisfaction of the client under The Advocates (Remuneration) Order, Schedule 6, Part B and send the computation to that Canadian lawyer.
“Are people saying a son of Katarina, a village house wife from Cheptongei & whose deceased father was unknown outside the village can’t raise the highest Fee Note in Kenya’s litigation History? Are they saying The Advocates (Remuneration) Order that regulates fees be ignored? Paused lawyer Kipkorir.
Lawyer Kipkorir faced attacks from his fellow lawyers am a certificate of taxation emerged on indicating he is going to earn over Sh1.3 billion from the city county government.
“I Diana Orago Deputy Registrar of the Environment and Land Court at Nairobi, do hereby certify that Advocate/Client Bill of cost dated 1 October ,2020 lodged by KTK advocate in this case was taxed on 10 May,2022 as between Advocate and client costs and allowed as against respondent (Nairobi City County Government) in Sh1,338,011,582.76 only”, states Taxation certificate dated June 13,2022.
The Environment and Land Court ruled last week that Kipkorir should be paid Sh1.338 billion for representing the defunct city council in the case that was in court for close to 10 years.
The 3,000-acre land valued at Sh61.5 billion was forcibly taken over by the Kenya Defence Forces, triggering the suit in 2012.
Lawyer Peter Wanyama supported Kipkorir saying that legal fees is regulated by the Advocates Remuneration Order and taxed by the Registrar.
“Donald B. Kipkorir has been instructed in a case where the subject matter is huge. Really big. So he deserves his fees. The law also provide mechanism to challenge fees > by way of reference to the High Court. Judges have in many occasions reduced the taxed fees. They have also upheld bills taxed according to scale”, he added.
He further said that in the US, lawyers in big cities charge upto USD 2,000 per hour in complex cases and a retainer fee of USD 200,000.
