Court dismisses application seeking to remove lawyers representing Imperial Bank directors

NAIROBI, KENYA: The High court in Nairobi has dismissed an application by Kenya Deposit Insurance Corporation (KDIC) seeking the removal of two law firms from the Sh45 billion fraud cases.

The law firm of Coulson Harney Advocates and Ahmednasir Abdikadir & Co will now continue representing Imperial Bank's directors in the suit.

Justice Fred Ochieng' while delivering the ruling on behalf of Judge Francis Tuiyot said that if a party objects to the participation of an advocate on the other side then the objection should be brought to the attention of that side at the earliest opportunity.
"It is good practice that should counsel be aware of any misconduct by another one then he or she should disclose this to court at the earliest opportunity," said Ochieng.

Lawyer Philip Murgor for Kenya Deposit Insurance Corporation (KDIC) had filed an application last year seeking the removal of the two lawyers claiming that they were acting in conflict of interest given that they have been legal advisors of the lender and have represented it in the past.

But the directors' lawyers protested, saying it was a tactic to further delay the hearing of a case which it (KDIC) had filed under a certificate of urgency.

Judge Ochieng' added that the applicant has not demonstrated what confidential information could possibly have passed from the bank to the firm in such circumstances.

KDIC also wanted lawyer Njoroge Nani Mungai of Muriu Mungai & Co Advocates prohibited from acting as lead counsels to lawyer Terry Mwango.