Lawyers protest to Mutunga over missing file

Law Society of Kenya has written to Chief Justice Willy Mutunga protesting over the disappearance of a file pertaining to a suit where Attorney General Githu Muigai has obtained orders restraining the lawyers body from discussing him.

In the letter, LSK argues that the disappearance of the file when the matter was meant to come up for mention yesterday was deliberate, and aimed at prolonging the injunction and to defeat justice.

"The matter is of great importance to the legal profession and now request that you take the necessary action against those responsible for these machinations," the letter signed by LSK Chief Executive Officer Apollo Mboya read in part.

The lawyers' body said the order issued by High Court Judge Weldon Korir had permanently restrained the society from holding any meeting to discuss the conduct of the AG.

"The LSK and the council of LSK are hereby restrained from holding any meeting to discuss the petitioner's conduct in relation to the said case," Justice Korir had ruled.

The Council of the LSK had summoned Prof Muigai over what it considered irregular handling of the Anglo Leasing cases abroad but the AG had moved to court seeking to block the society from summoning him.

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Korir had upon hearing the application issued restraining orders, barring the legal body from proceeding with any contemplated action against Muigai.

The judge had also directed that the file be placed before the Chief Justice for him to constitute a Bench to hear the suit which was to be mentioned yesterday. Muigai was scheduled to appear before the full Council at the LSK Secretariat in Lavington on June 17.

Mboya said that the professional body informed the AG of his physical appearance in writing on June 16, 2014 to respond to questions over the Anglo Leasing court case in London that led to payment of Sh1.4 billion.

The case was in the High Court of Justice Queen's Bench Division Claim No. 2006 Folio 881 before The Honourable Justice Teare between Universal Satpace (North America) LLC against the Government of Kenya.

LSK had earlier written to the AG to show cause why it should not issue him with a Certificate of Dishonour over mishandling of the case in London.

The AG responded to the letter by the LSK Chairman Eric Mutua but the professional body says the reply was inadequate.

Mboya said the purpose of the meeting was to give the AG an opportunity to address the issues and share relevant information and documents to enable the council decide on the next course of action, adding that they deliberated the AG's response in a meeting held on June 14.