Kenya: I pocketed Sh3.7m meant for disabled client, lawyer

45-year-old Zacchaeus Okwako at his Machembe home in Shikoti Kakamega County. He claims that his lawyer who represented him in his accident case has not remitted to him a balance of over sh. 1.3m. Kwako was involved in an accident while working in a jaggery in Webuye. (PHOTO: CHRISPEN SECHERE/ STANDARD)

Forced out of work at a productive age and without his hands, Zaccheus Okwako hoped a Sh3.7 million compensation settlement would assuage some of his pain.

But his knight in shining armour, a lawyer, had other plans. The advocate, Jackson Khayumbi, told The Standard on Saturday, that he was working on remitting the award to his client, six months after the court awarded the compensation settlement and more than two years after an accident at work.

The accident at Chetambe Jaggery in Webuye on January 17, 2013 changed Okwako’s life forever. In the blink of an eye, the 45-year-old lost both his hands and was rendered almost totally dependent on others.

The accident marked the beginning of a struggle for Okwako, a father of four who was the family’s sole provider. Putting food on the table, paying schools fees for his children — two in secondary school — and meeting his family’s other needs became impossible for him. Even when food is available, someone has to feed him.

At his home in Emachembe village, he idles away all day as his wife Selfa Anyango looks for casual jobs to fend for the family.

Yet the situation could have been different and less painful. Six months ago, the High Court in Kakamega awarded Okwako Sh3.7 million as compensation. Money he is yet to receive thanks to his lawyer.

“It pains me is that the compensation money was released but ended up in someone else's pocket," he says.

Following the accident, Okwako was admitted at Lugulu Hospital for six months. One day, while still in hospital, a man who identified himself as an agent from JI Khayumbi and Company Advocate in Kakamega came to visit him. He bore good news — lawyer Jackson Khayumbi — would help him fight for compensation.

Little did Okwako know that the man who came as a good Samaritan would cause him so much pain.

Khayumbi filed a case against Chetambe Jaggery at the Kakamega law courts that would take three years to conclude. 

But as the case dragged on, and unbeknown to Okwako, Khayumbi had initiated an out of court settlement with Kenindia Assurance Company Ltd, the jaggery’s insurers.

Documents in our possession show that Kenindia wrote two cheques of Sh825,000 each to JI Khayumbi and Company Advocate. The cheques were drawn as the case against the jaggery was ongoing.

The first cheque, number 031274, was deposited at Prime Bank, Kenindia House Kisumu, under account number 01027087962100 Jackson Inziani. The second, 031275, was deposited at National Bank of Kenya Kisumu branch.

Documents signed by R.N. Kitheka, the Kenindia chief manager, legal department, show that of the paid amount, Sh1.4 million was meant for general damages and Sh250,000 for costs. It is not clear why both cheques were written to Khayumbi, contrary to the normal practise where a cheque is written to both the claimant and legal officer.

Plea for mercy

Okwako accuses Khayumbi of conspiring to steal the money from him and is not aware if the remaining amount of about Sh2 million was settled.

Kenindia, through Joseph Gachagua of its legal department, could not confirm whether the entire amount granted by the court was settled. It also declined to comment on the issue.

Okwako only realised that his compensation had been paid out when he asked his former employer to comply with the court ruling.

He immediately wrote to Khayumbi, begging him to have mercy on him as he had no means to fend for his family.

“I pray to God to fill your heart with compassion so that you may decide to give me what is rightfully mine,” he wrote.

But Khayumbi did not respond. Okwako, out of frustration and desperation, then lodged a complaint at the Law Society of Kenya (LSK) Kakamega branch and the Directorate of Criminal Investigation.

“Lawyer Jackson Khayumbi has not been open to me from the beginning. He has taken advantage of my poverty and naivety. From the start, he did not inform me how much he will charge as legal fees,” reads Okwako’s letter to the LSK.

Upon receipt of the letter, Carlestous Shifwoka, the LSK branch chair, pleaded with Khayumbi to pay Okwako his dues. Still, Khayumbi did not act.

It was only when Shifwoka wrote to him on December 3, threatening to report him to the Advocate Complaint Commission, that Khayumbi contacted Okwako.

He moved swiftly and paid him Sh250,000 with a promise to pay the balance in three tranches.

“After paying me the Sh250,000 he disappeared. He does not answer my calls. Anytime I visit his office, no one seems to care about me,” says Okwako.

When The Standard on Saturday caught up with Khayumbi outside the Kakamega Law Courts on Tuesday, he admitted that the money was wired to his account.

He says he is unable to pay Okwako his money as he had “incurred losses during the case’s hearing”.

“This is a man I have known since the cases started. What he wants is money and I am working on that,” he said.