Law Society of Kenya seeks lawyer’s word over Saitoti son ‘pact’

By Mercy Kahenda

A Nakuru-based lawyer has been given seven days by the Law Society of Kenya to respond to a complaint filed by a Subukia couple over his conduct in a case involving late Prof George Saitoti’s son.

The couple, who moved to Nakuru court last year, wants Lawyer Hari Gakinya to be investigated over a consent agreement he allegedly entered with advocates representing Margaret Saitoti on July 8 that the couple has disowned.

According to Sabastian Maina Ngunju, the agreement terminated his right to further pursue an intended private criminal prosecution against Margaret for allegedly kidnapping his son.

The lawyer represented Ngunju after he moved to the Nakuru court seeking permission to institute private prosecution against the late Cabinet Minister George Saitoti’s wife.

LSK, in a letter to the lawyer signed by its CEO Apollo Mboya, said written comments regarding the complaint from the lawyer will enable it make a comprehensive decision on how to proceed with the matter in which the primary school teacher claims Prof Saitoti abducted his biological son.

“Please let us have your written comments regarding the complaint within seven days to enable us make a decision on how to proceed further in this matter,” said Mboya in the letter dated July 26, 2013.

In a letter addressed to the chairman of LSK, Ngunju accused the lawyer of betraying his trust and undermining his interest to access justice. He notes the advocate acted contrary to his instructions and interest by entering into an alliance and agreement with the Saitotis and their representatives to undermine him.

25 years

“I only learnt of unprofessional act of my lawyer through media reports on radio and newspapers on July 12 this year that I had given up my right to claim that Zachary Musengi, previously identified as Stephen Wachira was my biological son and as such, I had no right to prosecute Mrs Margaret Saitoti for abducting him,” reads part of the letter.

Ngunju wants his lawyer penalised by the commission for ‘unprofessionalism and breach of trust’. The teacher further claims Gakinya was aware that for the past 25 years, the couple has been searching for their lost son.

“I seek justice and penalty against my lawyer to ensure that he shall never again hurt any other unsuspecting client,” he said in the letter.

The complainant and his wife Elizabeth Njeri Maina filled a case in Nakuru seeking to be permitted by the court to institute private prosecution against Mrs Saitoti for unlawful confinement of their son while knowing that he had been kidnapped.