City lawyer Donald Kipkorir is set to be paid Sh1.3 billion, one of the highest legal fees awarded in the country’s litigation history, for defending the Nairobi County government against the Ministry of Defence in a case involving the parcel of land where Embakasi Barracks stands.
The Environment and Land Court ruled last week that Mr Kipkorir should be paid Sh1.338 billion for representing the defunct city council in the case that was in court for close to 10 years.
The 3,000-acre land valued at Sh61.5 billion was forcibly taken over by the Kenya Defence Forces, triggering the suit in 2012. But the matter was withdrawn in June last year, without the involvement of Mr Kipkorir.
Deputy registrar of the court Diana Orago considered the numerous court appearances, court filings and the value of the land in deciding the amount to be paid.
The county government had opposed the amount, claiming that Mr Kipkorir’s law firm, KTK Advocates had an agreement with city hall to be paid Sh400 million plus VAT.
But Ms Orago rejected the claim, saying there was no proof that the amount had been agreed upon.
“It is moreover quite unfortunate that no proof has been tendered to this court to show that there existed a retainer agreement between the parties other than an unsigned letter allegedly from the applicant firm,” Ms Orago said.