Reprieve for Tom Ojienda as court halts prosecution
Prof Tom Ojienda (left) with his lawyers at the Milimani Law Courts on December 31, 2018. The High Court has temporarily halted his planned prosecution. PHOTO | RICHARD MUNGUTI | NATION MEDIA GROUP
What you need to know:
- Haji accuses Prof Ojienda of obtaining money from Mumias Sugar Company by false pretences through fake legal cases.
The High Court on Monday temporarily stopped the intended prosecution of lawyer Tom Ojienda over claims of financial irregularities at Mumias Sugar Company.
Justice Chacha Mwita said the court will determine if Director of Public Prosecutions Noordin Haji acted legally in preferring fraud charges against Prof Ojienda, who represented Mumias between 2012 and 2018.
STATUS QUO
The judge said it was in the interest of justice for the status quo to be maintained pending the hearing of the case on February 18.
Mr Haji accuses Prof Ojienda of obtaining money from Mumias Sugar Company through fake legal cases.
The lawyer is expected to vie for a second term as the Law Society of Kenya (LSK) representative at the Judicial Service Commission (JSC).
MANY LAWYERS
Mr Ojienda was defended by more than 30 lawyers including Senior Counsel James Orengo, Okong’o Omogeni, Dr John Khaminwa, Dr Otiende Amolo, Danstan Omari, Nelson Havi and Charles Omanga.
They divided themselves into two group, one led by Orengo and Mr Omogeni.
This team proceeded to the High Court to fight his prosecution while the other went to the chief magistrate's court where state prosecutors Alexander Muteti and Joseph Gitonga filed the criminal case.
All the lawyers had pink ribbons, a show of protest against the manner in which their colleague was treated after his arrest on Loita Street in Nairobi on December 21.
“This is not a case of Prof Ojienda. It is a case of all lawyers who act for clients on a daily basis, “ Mr Omari told the Daily Nation at the lower court.
“ If a client is dissatisfied with the fees charged by a lawyer, he, she or it has avenues for redress."
Magistrate Martha Mutuku, who was served with the High court order staying the prosecution, was urged to mention the case after February 18, 2019, when the LSK election of a representative to the JSC will have taken place.
She said directions will be issued on March 18.
After the court session, more than 100 lawyers met in courtroom 10 to discuss issues pertaining to harassment of lawyers by police.
