The High Court has ordered the Law Society of Kenya (LSK) and Directorate of Criminal Investigations (DCI) to investigate a lawyer who imposed DCI boss George Kinoti and filed a case challenging his four-month jail term.
Justice Antony Kimani Ndung'u of the Judicial Review Division issued the orders to have lawyer Calvin Koome investigated after it emerged DCI George Kinoti did not instruct him to file the case challenging the sentence saying he is ready to pay a fine.
This is after lawyer Koome admitted to the court that he had no instructions from Kinoti himself or the Attorney General's office to file the case.
The lawyer shocked the court after he confirmed to the court that he used another law firm's address by the name Owino McDowell & co. Advocates without their consent, saying he did not get direct instruction from Kinoti but a proxy.
"I had no direct instructions from the DCI. I had instructions from a proxy," he said.
However, Kinoti through Ms Mwangi informed the court that the filing of the case by Koome on Friday was a fraud and the same is under probe. The court heard that the Attorney General or Kinoti had never given anyone instructions to file the Judicial review.
"I have instructions from the AG that what happened on Friday is a fraud and the two lawyers (lawyers Koome and Owino who appeared for Owino McDowell & co.Advocates )appearing before you are under investigation," Ms Mwangi said.
The court heard that the DCI has since lodged an inquiry on the matter as there is impersonation and forgeries in the matter and urged the court to strike out entirely the Judicial Review.
However, Owino McDowell &Co. Advocates informed the court that they did not give any instructions to Koome and Koome Advocates or consent to use their company address to file the case.
However, Justice Ndung'u, in withdrawing the whole application as sought by the AG and Kinoti, said Koome's actions raise serious issues regarding his conduct which borders on fraud and criminal activity.
"This court leaves the issue of misconduct and criminal activity in the hands of LSK and the investigative agencies," the Judge ruled.