Lawyer Jackline Kimeto, the main petitioner in the insolvency case against Mumias Sugar Company, has been living under constant fear for the past four months.
At first, the lawyer never took the threats and intimidations she was receiving seriously until she was given a few hours to withdraw all the cases she had filed in relation to the troubled miller.
She filed the notices of withdrawal on September 1, stating that she was no longer interested in pursuing the matter. After all, her life was more important than the money she was pursuing.
She made an about-turn a day later and wrote to the Deputy Registrar of the High Court cancelling the withdrawals, saying it was obtained through extreme duress and threats to her life, citizenship and personal liberty.
“The petitioner is currently being subjected to force, threats of imprisonment, coercion and extreme psychological pressure to withdraw her petitions filed with this court on 20th and 22nd of March, 2019 without any mention as to how her money decrees shall be settled in full,” she said in the letter to the court.
The matter was mentioned before High Court judge Josephine Mong’are a few days later and she thought things would cool down.
To her surprise, the threats increased and she was on the verge of leaving the country, only for lawyer Dr John Khaminwa to convince her to stay put, as they seek protection from authorities.
On Thursday, Dr Khaminwa wrote a letter to the Director of Public Prosecutions (DPP) Renson Igonga, seeking his intervention over the matter. The letter has been copied to the Inspector General of Police Japet Koome, Attorney General Justin Muturi, Chief Justice Martha Koome and the President of the Law Society of Kenya (LSK) Eric Theuri.
Intimidation and discrimination
“Such threats undermine the independence of the Bar and the independence of the Judiciary. I have advised her against lodging a complaint with the International Bar Association,” Dr Khaminwa said, adding that he had also persuaded her against leaving the country.
Dr Khaminwa requested the DPP to use his powers to ensure Ms Kimeto does not continue receiving the threats, intimidation and discrimination.
“I would prefer that this request with respect, is implemented forthwith so that we are not compelled to invoke the majesty of the law and the constitution against the state in our courts for adjudication,” he said, pointing out that several judges of the High Court have made orders, concerning the Mumias case, to ensure that justice prevails.
“However, to our great embarrassment and disappointment, threats are being issued against Jackline Kimeto that she will be arrested if she continues to prosecute her claim before courts,” Dr Khaminwa said.
Ms Kimeto is an advocate of 19 years and holds a bachelor of law and master of law from the University of Nairobi, and a master’s in business administration from Moi University. She is also a solicitor licensed by the United Kingdom bar to practice law in the UK.
Ms Kimeto, the main petitioner in the insolvency case, is demanding Sh76 million from the miller.
Before rescinding her decision to withdraw the matter, Ms Kimeto said there were efforts to have billionaire businessman Jaswant Rai to settle her claim. But she allegedly rejected the deal because she considered it a product of blackmail.
Evidence filed in court showed that she was approached by an advocate allegedly sent by Mr Rai to plead with her to withdraw the petition, as his tycoon was ready to settle her debt. It was further claimed that the tycoon was also facing similar threats, after being abducted by unknown persons.
“In fear of my life and all the threats that I was receiving, I filed and paid for a notice of withdrawal dated September 1, 2023 in HC IP E004 of 2019 on the understanding that my debt would be settled within 1 hour of the said notice being filed as indicated,” Ms Kimeto said.
“I have since filed a letter with the court cancelling the said notice of withdrawal on account that it was obtained from me through threats, coercion and extreme duress which I am currently experiencing to date,” she said.
The court placed the company under court supervised administration on November 19, 2021 and appointed Mr Ponangapali Romana Rao as the administrator but he was later removed by Justice Alfred Mabeya after bungling the leasing process.
The court had appointed Mr Harveen Kumar Gadhoke the administrator but he declined the appointment on August 28, after allegedly receiving threats.
Ms Kimeto told the court that she has been living in fear because of the continued existence of the case and pleaded with the court to hasten the process to bring the matter to a close.
