A claim by senior counsel Ahmednasir Abdullahi has stirred fresh debate on alleged corruption risks within the legal profession, after he narrated a case involving a senior lawyer accused of defrauding a client of Sh50 million under the pretext of influencing judges at the Court of Appeal.
In his statement, Ahmednasir defended the Court of Appeal as one of the country’s most reputable judicial institutions, while arguing that corruption in courts is largely driven by a small group of senior lawyers who act as intermediaries between litigants and the justice system.
He said:
“I have said many times that the Court of Appeal is the most reputable court in the country and that JurisPESA judges aren't that many in the court. The other TRUISM is that corruption in our courts is primarily fuelled by a clique of senior lawyers.”
According to his account, a senior lawyer allegedly told his client that he had negotiated with three judges of the Court of Appeal who were to hear his appeal, and that a favourable ruling had been secured through a bribe arrangement.
He stated:
“A very Senior lawyer told his client that he negotiated with three judges of the Court of Appeal who will hear his appeal to rule in his favour for a bribe of Kshs 100 million. The Senior lawyer told his client that the judges want 50 million upfront and 50 million after delivery of the judgment.”
The client is said to have paid the initial Sh50 million, which was allegedly handed to the lawyer with the expectation it would be delivered to the judges. Instead, the funds were allegedly diverted for personal use, including the purchase of land in Kitale.
When the appeal was later heard, the Court of Appeal dismissed it with costs, contrary to the alleged expectations.
Ahmednasir noted:
“Judgment day came and the court dismissed the appeal with cost.”
Following the ruling, the client reportedly confronted the lawyer demanding an explanation and refund of the Sh50 million. The lawyer, according to the narration, insisted that he had delivered the money but claimed the judges may have taken a higher offer from the opposing side.
He said:
“The lawyer swore to high heavens that he delivered the money but that the judges took a bigger bribe from the opposite party.”
The lawyer is also alleged to have attempted to contain the situation through a media strategy, involving bloggers and attempts to publish damaging claims against the judges in order to pressure a refund.
Ahmednasir added:
“The lawyer then pleaded with the client, that he has a media strategy and had already assembled few bloggers to scandilise the three judges and force them refund the money he bought the farm in Kitale.”
The plan reportedly failed after media outlets declined to publish the allegations, citing defamation concerns, while bloggers also distanced themselves from the proposed campaign.
The client has since issued a deadline for the lawyer to refund the Sh50 million or face escalation of the matter to the Law Society of Kenya for disciplinary action.
Ahmednasir concluded:
“The client has now give counsel a deadline to get him back his Kshs 50 million or he will escalate the matter to @LawSocietyofKe. Things are elephant for the Senior wakili.”