Lawyers seek Sh221m for fighting Anglo Leasing suit
By Boaz Kipngenoh | May 28th 2015
Nairobi: A law firm that represented two companies in the Anglo Leasing related cases is now demanding Sh221 million in legal costs. The proceedings before a Nakuru High Court have revived the intrigues behind part of the 18 Anglo Leasing-type projects in which the country lost over Sh50 billion.
The law firm represented two companies: Apex Finance International Ltd and Anglo Leasing, in a suit against the defunct Kenya Anti-Corruption Commission (KACC).
The Nakuru High Court in 2012 declared the two companies' non-existent after they challenged the decision by KACC to seek Mutual Legal Assistance (MLA) from the Swiss government.
Kwengu and Company Advocates acted for the two firms and was awarded Sh215 million for the legal services rendered. Kwengu is further claiming Sh6 million for an undertaking that Rangwe MP George Oner allegedly took to pay them on June 2011 to act in the suit to stop MLA - a joint probe by KACC and Swiss Government, against the two companies.
Nakuru resident judge Anyara Emukule's ruling of October 2012 declared the two companies as legally non-existent and therefore non-juristic before the court.
Lawyer Steve Biko Osur, while objecting to an application in which the MP (George Oner) is seeking to be enjoined as an interested party in the taxation proceedings, directed the questions to Justice Janet Mulwa during the hearing.
Mr Osur, arguing on February 5, also asked under whose instruction is VA Nyamodi Advocates acting on in the taxation proceedings in a High Court civil case seeking enforcement of a certificate of costs against the two companies.
The court is set to rule whether Oner should be enjoined in the recovery suit.sur argued that Oner is trying to interfere with the awarding of Sh215 million suit cost to Kwengu firm, which the MP had allegedly instructed to act on behalf of two companies linked to Anglo Leasing.
"The two companies were represented in taxation by VA Nyamodi Advocate and the assertion that they are not juristic does not hold water. How was Mr Nyamodi instructed and by who?" Osur asked.
The law firm has argued that Oner's application to be enjoined is a 'back-door' by the Anglo Leasing to interfere with the decision of the taxing officer since the two companies have not filed a reference to challenge the amount.
The MP seeks the court to vary, review and set aside the orders of enforcement of the certificate of costs and stay of execution pending determination of his application.
But Oner has argued that the outcome of the proceedings in the bill of cost will affect him.
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