The estate of Daniel arap Moi has disputed a Sh70 million bill claimed by a law firm for defending the former President in a case brought against him by media mogul S.K. Macharia, saying, it believes Moi fully settled the fees in cash and other gifts.
Moi's son Philip Kipchirchir opposed the bill of costs filed by Kilonzo and Company Advocates, saying, it was impossible that his late father never paid the fees as he was known to give gifts and pay his lawyers in cash.
The firm submitted a bill of Sh69.7 million for defending Moi in the case filed by Mr Macharia in 2003, when the tycoon sued several lenders, Mr Moi and former civil service boss and Cabinet Secretary Joseph arap Letting for alleged violation of his rights and unjust enrichment through economic duress.
"I am aware that the plaintiffs have benefited immensely from my late father's magnanimity and generosity and it is ridiculous to make a claim against his estate without disclosing how much money and gifts they received from him," he said.
The law firm was owned by former Makueni Senator Mutula Kilonzo and is registered under his son — Makueni Governor Mutula Kilonzo Junior — and daughter Kethi Kilonzo.
Mr Kipchirchir says the law firm never provided them with the legitimate bill of costs when his father was alive because they believe he settled all legal services in cash and other gifts.
He added that presenting the colossal bill after his father’s death was in bad faith and against the law. Moi died on February 4, 2020, leaving behind a multibillion-shilling estate held by the trustees of Kabarak University in a trust created for the benefit of his five sons, one of whom has since died.
The former President had stated that, upon the death of a son, his children would take over their father's share.
"That I am aware that my father used to pay all his legal fees and obligations in cash and it is not possible that the law firm was never paid since 2003 and yet kept quiet without raising the matter when Moi was still alive," Mr Kipchirchir added.
He said the bill of costs had not been filed within the time prescribed by law or as soon as reasonably possible.
Moi's estate has been sued through the personal representative, Senior Counsel Zehrabanu Janmohammed, and documents filed in court show that a lawyer from the firm appeared in court 21 times between December 3, 2004 and November 28, 2022.
For its services in defending Moi in the case, the law firm has billed Moi's estate Sh30 million.
"Having regard to the value of the claim, the interest of the defendant in the action and the time spent in defending the matter," the bill reads.
Mr Kipchirchir, however, says the amount is excessive as it was a simple and straightforward matter that didn’t warrant such a colossal amount as legal fees.
He further says that it was not Moi's fault that the wheels of justice dragged in the courts for more than 20 years and that it would be unfair and punitive to make the estate pay for circumstances beyond its control and that delay in adjudicating cases is common in the country.
"Looking at the bill of costs in its entirety, it is unreasonable, excessive and not expected in a democratic society," he says.
Mr Kipchirchir goes on to argue that, while the law firm should be fairly compensated for the professional time spent, it should not inconvenience the estate or enrich the lawyers who litigated the matter.
He further adds that the law firm had not provided any evidence to show that it had been instructed by the Moi estate.
"That the bill of costs as proposed is tantamount to subjecting the respondents to inhuman, humiliating and degrading treatment and should not be acceptable in a democratic society which recognises international best practice," he says.
He adds: "We urge the Tax Master to tax the amounts we are contesting and also to review the lawyer-client bill of costs from the original court file".
