LSK to attach Kajwang's salary

By Wahome Thuku

The Law Society of Kenya is seeking court permission to attach Immigration Minister Otieno Kajwang's salary and that of Kisumu West MP Olago-Aluoch.

The LSK is targeting Kajwang’ and Olago’s paycheques to enforce orders made by the Advocates Disciplinary Committee to pay money owed to their clients.

Kajwang’ and Olago are lawyers, but Kajwang’ was struck off the roll of advocates in 2005.

In 2001 and 2004 three complaints were filed against Kajwang’ before the committee, one by the National Housing Corporation, another by Mr Midikira Churchill Kibisu and another by Mr Isaya Arusa Omaya.

In January and July 2005, the committee ordered Kajwang’ to pay Sh119,536 to NHC, Sh191,192 to Churchill, and Sh16,150 to Arusa plus interest, fines and cost of the proceedings.

A similar order was made against Olago in March 2008, to pay Ms Margaret Abuoga Sh924,000 plus costs and 12 per cent interest backdated to July 2000.

The money was to be paid to the LSK for onward transmission to the complainants.

In the suit filed at Milimani High Court in Nairobi, the LSK chief executive officer Apollo Mboya says the two politicians have failed, refused or neglected to respect the orders.

An auctioneer firm Expeditious General Merchants was instructed to attach Kajwang’s property in September and October 2007, but was unsuccessful

On May 2, 2008, the same auctioneer was instructed to attach Olago’s property.

The matter went back to the disciplinary committee in December 2008. By consent of all the parties, Olago was ordered to pay Sh1.8 million. He was ordered to pay Sh75,000 immediately and then Sh100,000 monthly installments from January 2009.

In August 2009, the LSK wrote to Speaker Kenneth Marende requesting him to order for deduction of up to one-third of Olago’s salary but that was not effected.

"It’s just and expedient the applicant be granted leave to enforce the orders," LSK says in the twin suits filed through Nyiha, Mukoma law firm.

If the orders are not granted, the LSK boss says the complainants would be prejudiced.

Mboya says both Kajwang and Olago had never appealed against the committee orders.