An International Criminal Court Advocate Founding Dean of Law Kisii University has been found guilty of gross professional misconduct by a legal tribunal for withholding Sh 62,915,950.00 from an elderly veteran journalist and businessman. The tribunal has ordered the advocate to refund the amount and pay additional costs after failing to account for the funds received on behalf of the complainant.
The Advocate Tribunal Committee found Maosa Thomas Gichana guilty of professional misconduct and ordered him to refund Sh 62,915,950.00 to the complainant.
The committee further ordered Gichana to pay Sh 100,000.00 to Kwayera as costs for the proceedings, as well as Sh 70,000.00 to the Law Society of Kenya.
Senda Kwayera, a veteran journalist, consultant, and businessman, had secured a tender in 2004 from the Ministry of Tourism, Trade, and East African Community to publish sports content in the Financial Times Magazine and air advertisements on SuperSport television.
According to Kwayera’s Lawyer Edgar Busiega, the tender, which was valued at Sh 12 million, became the subject of a prolonged payment dispute, forcing Kwayera to seek legal redress.
The High Court eventually ruled in his favor, awarding him Sh 12 million plus 26% annual interest. By the time he engaged the advocate in 2013, the amount had accrued to Sh 110,061,691.00.
Following legal intervention, the Ministry of East African Affairs deposited Sh 85,934,255.10 into the advocate’s bank account. However, instead of remitting the full amount to his client, the advocate allegedly retained Sh 50 million as legal fees, releasing only Sh 22,820,000 to the complainant.
Kwayera subsequently lodged a complaint, demanding the refund of Sh 62,915,950.00 and the advocate’s removal from legal practice.
In his defense, the advocate claimed the complaint was an afterthought and that the complainant had already received significant sums from the National Treasury.
He further argued that his legal fees had not been paid The tribunal, however, dismissed his claims, ruling that he had no valid legal fee agreement and had not sought taxation of his fees before withholding the money.
Citing the Advocates (Accounts) Rules, the tribunal emphasized that all client funds must be promptly deposited into a client account and not withheld arbitrarily.
It ruled that the advocate’s right to legal fees did not justify unilaterally deducting money from client funds before taxation.
