Court extends orders halting Matiba compensation in legal fee row

The High Court Thursday extended orders stopping the government from making further payment to the family of the late multiparty hero Kenneth Matiba in a row over his compensation for torture and lost business during the Moi era

The court had stopped the payout last month and the case was due for hearing but the date fell on a holiday. The parties appeared before the Deputy Registrar of the High Court who extended the orders to July 8, when the case will be mentioned.

John Mburu, through his advocate Nicholas Ombija, told the court that the government had quietly paid Matiba’s family Sh200 million behind his back yet he was the lawyer on record for the deceased and the one who successfully prosecuted the matter.

Mr Ombija had told Justice James Makau that the government plans to disburse Sh500 million to the family in June in a secret agreement without consulting Mr Mburu or paying him his fees.

The first instalment was paid in mid-February.

“The payment was made completely without participation or involvement on the part of the applicant and without his knowledge,” Mr Ombija told the court.

In his court papers, Mr Mburu says the payment was part of an agreement between the family and the Attorney-General for payment of the compensation behind his back in order to deny him his fees.

Mr Ombija said the sum of Sh202,715,839 is the total fees payable to Mr Mburu on account of advocate-client fees.

Justice Isaac Lenaola, then a judge of the High Court, awarded the late multiparty activist and Cabinet minister Sh978 million as special and general damages and Sh15 million for violations suffered and another Sh18.1 million for medical expenses.