Kyalo Mbobu: Smiling lawyer behind high-profile cases, 2022 polls dispute

Slain lawyer Kyalo Mbobu. [Courtesy] For the many who knew him either in law class, the Catholic Church or the corridors of justice, Kyalo Mbobu cut an image of a demure and ever-smiling lawyer. His soft voice cut deep as he fought in different cases, including one pitting KCB Bank against former President Uhuru Kenyatta's cousins Kung'u Muigai and Ngengi Muigai over a 443-acre piece of land. His name, just like his brother Maluki Mbobu who is also an advocate, only came up when in court. In fact, those who know the two in the corridors of justice say they are twins in being simple and humble. His Tuesday killing has triggered outrage, with the Law Society of Kenya calling for speedy investigation and justice. But who was Mbobu and what cases was he involved in? The law lecturer at the University of Nairobi cut his trade under the guidance of former Cabinet Minister Mutula Kilonzo. He, alongside former Solicitor General Ken Ogeto, Maluki, Prof Lumumba Nyaberi are among many who learned their trade from the former Makueni Senator. In the KCB case, he represented Kung'u in his 15th attempt to wrestle the bank in Sh3 billion dispute. Court of Appeal judges Asike Makhandia, Francis Tuiyott, Sankale ole Kantai, Kathurima M'inoti and John Mativo, unanimously agreed with the bank that the case was fatally defective. According to the judges, Kung'u and his brother were seeking to re-open an issue of consent which had been determined on December 15, 2017 by the Court of Appeal. The court questioned why Kung'u stayed quiet for 32 years about their then lawyer Gideon Kiambuthu Meenye and involvement in the case. But Mbobu would defend the delay, arguing that it was in the interest of justice for the court to re-open the case even if the discovery was late. The judges said the claim that Meenye had not signed the consent for the sale of the land on behalf of their company, Benjo Amalgamated Enterprise, was untrue. "One wonders why during the numerous cases the applicant filed in the High Court and in this Court including the above application and also the application we alluded to earlier in which the applicant sought to set aside the consent, the applicant never, even in the slightest manner alluded to the issues now being canvassed before us. The applicant now wants this court to believe that it took all those years to discover that it never instructed Mr Meenye to represent it," ruled the Bench. In his case, Kung'u claimed that he came to learn that Meenye did not sign the consent on May 4, 1992. According to Mbobu, the Court of Appeal sealed Kung'u's fate by overturning High Court judge Joyce Khaminwa judgement requiring KCB to fully disclose information about the account. Mbobu also appeared in the long-running court battle involving the wealth of former Starehe MP Gerishon Kirima. He represented Teresia Wairimu, Kirima's widow. Eventually, Justice Patricia Nyaundi, in February, ordered the wealth to be shared. Mbobu's name would then appear in the controversy surrounding the 2022 General Election. The former Independent Electoral and Boundaries Commission chair, Wafula Chebukati, had mentioned his name, among others, as those who allegedly visited him at 3am on August 15, 2022, at the Bomas of Kenya in a bid to influence the outcome of the presidential election in favour of the Azimio la Umoja candidate, Raila Odinga. His name had also featured in the affidavit by the former IEBC commissioner Badi Guliye. Mbobu also served as the Chairman of the Political Parties Dispute Tribunal. Among the cases he handled include the row over the removal of Peter Munya as the chair of the Party National Unity, Caroli Omondi case against ODM and IEBC over his ticket in 2017. Mbobu said that Meenye swore an affidavit indicating that he was neither hired by Kung'u and he did not appear in the case as he was no representing Benjo. Captain Ngengi lamented that his land was auctioned at Sh70 million to recover the loan while the same would have cost Sh3 billion. He said that his quest to have information on how the loan account was operated. The lawyer further said that his client wants the court to right a wrong. He said that there is no record from the High Court indicating there was a consent. "It is a travesty of justice to allow a judgment of this court to stand if there is no record. Why has it not been produced?" paused Mbobu. According to him, the then High Court Erastus Githinji then issued orders on the consent while his client was unaware that it did not exist. Asked by Justices Kantai, Kathurima and Makhandia why it took more than 20 years to raise Meenye's issue, Mbobu said that it was in the interest of justice for the court to re-open the case even if the discovery was late. At the same time, Mbobu appeared in the long court battle involving the wealth left by former Starehe Member of Parliament Gerishon Kirima. For 14 years, former Starehe Member of Parliament Gerishon Kirima's family was a Tower of babel. Among the many lawyers hired by the family members in resolve the turmoil in Kirima's home was Mbobu. Justice Patricia Nyaundi eventually, in February this year, ordered the wealth to be shared. He represented Teresiah Wairimu Kirima in the case. His name would then appear in the controversy surrounding the 2022 general election. The former Independent Electoral and Boundaries Commission (IEBC) chair, Wafula Chebukati had mentioned his name, among others, allegedly visited him at 3 am on August 15 at the Bomas of Kenya in a bid to influence him to nfluence the 2022 Presidential election outcome in favour of the then Azimio La Umoja candidate, Raila Odinga. His name had also featured in the affidavit by the former IEBC commissioner Badi Guliye. He also served as the Chairman of the Political Parties Dispute Tribunal (PPDT). Among the cases he handled included the row over the removal of Peter Munya as the chair of the Party National Unity, Caroli Omondi case against Orange Democratic Movement and IEBC over his ticket in 2017.

Kyalo Mbobu: Smiling lawyer behind high-profile cases, 2022 polls dispute

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