Questions have been raised if indeed the Law Society of Kenya (LSK) is the defender and promoter of the rule of law in the Kenya as they purport.
A case of a city businessman in agony after a lawyer pocketed his millions in 2022 has tested the integrity of LSK.
Douglas Otuche, the businessman, is pursuing Sh7.8 million from Noah Kiptoo Byegon, a lawyer from B.N Kiptoo & Co Advocates.
His complaint is known by the LSK but the latter seems to side with their own.
In February 2022 Otuche sold his property in Nairobi for Sh33 million.
Otuche hired the services of Byegon to draft a sale agreement. The advocate asked for Sh900, 000 as the legal fees.
The plot buyer started by depositing Sh6.6 million in Byegon’s bank account.
The lawyer deducted his legal fees then sent Sh5.7 million to Otuche in two installments in March 2022 and then May 0f 2022.
The balance of Sh26.4 million was later sent to the lawyer but he only released Sh14 million to Otuche, remaining with Sh12.4 million without an explanation.
According to Otuche, Byegon stopped picking his calls and whenever he visited his office along City Hall Way in Nairobi city centre, the lawyer would disappear.
After pursuing him for long, he released Sh4 million, remaining with Sh8.4 million.
In November 2022 he was reported at the LSK’s Disciplinary Tribunal.
Sadly, the LSK which appears to be lenient on him summoned him in April this year.
He committed to send Sh1 million to Otuche and pay the remainder in monthly installments of Sh500, 000.
He only wired Sh600, 000, reducing the balance to Sh7.8 million and since then he has refused to honour the promise.
Shockingly, instead of taking serious action on him, the tribunal in August postponed the hearing to July 21, 2025 giving Byegon freedom not to pay until that date.
Now Otuche is worried, wondering why LSK is frustrating him.
He has tried to seek intervention of the tribunal chairperson William Maema and its president Faith Odhiambo but it has not been successful.
“Why should I suffer yet I paid Byegon his legal fees of close to a million. Why is LSK tolerating him?” Otuche posed.
