Devolution CAS risks bankruptcy suit after lawyer Tom Ojienda demands over Ksh2M in legal fees

By Sheila Mutua On Tue, 22 Jun, 2021 15:38 | 2 mins read
Devolution CAS risks bankruptcy suit after Lawyer Tom Ojienda demands over Ksh 2M in legal fees
Devolution CAS Hussein Dado.Photo/File

A Nairobi based lawyer, Professor Tom Ojienda has written a demand letter to devolution CAS Hussein Dado demanding for Ksh2.6 million from him in legal fees.

In the letter dated June 22, Ojienda is demanding for Ksh2 million plus interest owed to the form of Tom Ojienda and company Advocates arising from a  2017 election petition.

“We refer to the above matter at the loss of your bid for re-election as the governor of Tana River County, you instituted an election petition at Garsen High Court which you lost with cost to the respondent,” part of the letter read.

He adds that his law firm taxed the bill of costs which was capped at Ksh2million and the firm was issued with a certificate of costs dated October 11, 2018.

“We have since indulged and engaged you a number of times to honour this financial obligation to no avail. Instead you chose to engage us in litigation which has now hit a dead end to your detriment at further costs,” the lawyer said.

Ojienda is demanding for the principal amount of Ksh2million and an interest of Ksh640, 000.

Ojienda is pleading with CAS Dado to pay Ksh2.6million in full and final settlement of the debt to his account to prevent further proceedings in the matter which they can enter into negotiations on quantum on the costs of execution.

“Please take notice that if we do not receive this money or a proposal on the same within 21 days from the date of receipt of this demand, we will institute bankruptcy proceedings against you and your estate. We do not need to belabor reminding you of the legal consequences of being adjudged bankrupt”, Ojienda said in the letter.

Last year, the lawyer filed a statutory demand notice against Dado demanding for the money failure to which he will file a bankruptcy order against him.

Ojienda wanted Dado to satisfy the court that he has a counter claim set off or cross demand against the law firm which equals or exceeds the amount claimed.

Dado lost his position as a governor to Dhadho Godhana in the 2017 general elections.

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