A law firm that represented Kimilili MP Didmus Barasa in an election petition says it has made several attempts to collect an outstanding balance of Sh4 million, but was unsuccessful.
An auctioneer has attached a helicopter and six vehicles belonging to Kimilili MP Didmus Barasa for sale over a debt of Sh4.4 million owed to a law firm.
Betico Auctioneers seized the helicopter valuing it at Sh2 million and the vehicles valued between Sh500,000 and Sh1 million along with household items. These were attached to recover the debt owed to the law firm of Nchogu Omwanza & Nyasimi Advocates.
The law firm represented Mr Barasa in an election petition filed against him before the High Court in Bungoma by lawyer Bryan Khaemba in 2022.
“We have proclaimed the judgment debtor’s movable properties and left them in their custody pending their auction within seven days from the date hereof. After that, we will remove them to our yard for sale to recover the amount owed and our costs,” a notice by the auctioneer stated.
Court documents show that Mr Barasa engaged the law firm to defend him in the petition challenging his election and the parties agreed on a legal fee of Sh5 million.
Lawyer Omwanza Ombati on March 14, 2024.
Lawyer Omwanza Ombati stated that the legislator paid an initial amount of Sh1 million. The law firm successfully defended Mr Barasa and the petition was dismissed in a ruling issued on November 22, 2022.
Lawyer Ombati said he made several attempts to collect the outstanding balance of Sh4 million without success. The law firm later moved to court and obtained a judgment against the legislator.
In his defence, Mr Barasa argued that the advocates were not entitled to the balance since the case did not proceed to a full trial but was struck out at the preliminary stage. However, in a ruling delivered in last December, Justice Josephine Mong’are said the court was satisfied with the arguments presented by the advocates that their fees became due and payable once the firm agreed to represent the client and deployed its services.
Kimilili MP Didmus Barasa.
The judge added that Mr Barasa’s defence was a sham and a mere denial that failed to raise any triable issues or valid challenge to the case. “I find and hold that the balance of fees amounting to Sh4,000,000 is due and payable to the advocates as per the said advocate-client fee agreement,” the judge ruled.
The law firm is demanding Sh4.46 million comprising the principal amount of Sh4 million plus interest of Sh466,410.
The parties are expected to return to court next week for an update on the status of the matter.
