Post by Ed on Dec 1, 2005 21:03:11 GMT 3
IS HONOURABLE KAJWANG A CONMAN?
By E. T Gaturu
By a letter dated 4/6/96, Chrisantus Ochieng Aber of Ndere Primary School, P.O. Box 26, Ndhiwa, made a formal complaint against Otieno Kajwang' Advocate to the Complaints Commission. The Complaint was to the effect that:-- His only good hand was amputated following a factory accident on 17/8/93, while working for Blue Tanners Alpharama Limited of Athi River. His other hand was with-ered from birth. He instructed Otieno Kajwang' to represent him in a claim against the company. The company's insurers were M/S Geminia Insurance Co. Ltd, which was represented by Ramesh Manek, Advocate. Kajwang filed Civil Case No. 1660 of 1994 in the High Court at Nairobi.
Kajwang' proceeded to settle the case without his permission and without informing him, and there-after forged his thumb-print on the discharge voucher. Kajwang' was paid by M/S Geminia Insurance, through the office of Ramesh Manek, Advocate and he still re-fused to pay the complainant what was due to him.
The Complaints commission did their investigations and conse-quently filed a Disciplinary Cause No. 84 of 1997 before the Disci-plinary Committee. It did this through an affidavit of Peter Smithson Hewett, a Commissioner for Complaints, appointed under Section 53 of the Advocates Act, sworn on 24/4/97, and a Supplemen-tary Affidavit sworn on 24/4/98.
All the service of summons, pleadings and correspondence have been by registered hand-delivery to Mr. Kajwang's Law Office at NHC House, 2nd Floor, Aga Khan Walk, Nairobi whose telephone is 229922. To the best of our knowledge, that office is open to date, and our records indicate that there is one other advocate operating from that office: Mr. Francis T.J. Kajwang'. Based on service by the Disci-plinary Committee, Hon. Otieno Kajwang' has attended the Disciplinary Committee sittings on 19/02/ 99 and on 23/07/99. It was on this latter date, when the date for sen-tencing of 06/08/99 was taken; in his presence. The Complainant, Chrisantus Ochieng Aber, testified orally on 14/11/97 and 18/9/98. (on the latter date the complainant con-firmed having been paid Kshs.130,000.00 only.)
After hearing the uncontro-verted evidence of the complainant, the Committee established the following facts: Otieno Kajwang' filed Nairobi HCCC 1660 of 1994 on behalf of Chrisantus Ochieng Aber. On 25/5/95, Kajwang' accepted the offer for all-inclusive settlement at Kshs.177,483.00 by letter. On 2/6/95, Ramesh Manek wrote to Geminia Insurance Company Limited, forwarding the 25/5/95 letter and Discharge Voucher stating “I consider this a very cheap settlement.” On 14/7/95 Ramesh Manek forwarded by letter a cheque for Kshs.177,48.3.00 dated 30/06/9 from the Insurance Company.
The Court records indicate on 2/8/95, the Senior Deputy Registrar, read a Consent Letter Ref. 8401 (Kajwang's file reference for this matter), dated 14/7/95 signed by both Counsel and he thereafter marked the case as “withdrawn with no order as to costs." On 23/11/95 Kajwang' wrote to the client stating that the suit had not be confirmed for hearing as was earlier fixed. He said they would move very fast and take another date After hoodwinking the client for long while, the client did his own investigations and discovered the truth of the matter. This led to client's comprehensive letter to Complaints Commission dated 4/6 96. Thereafter, PJS Hewett wrote inquiry letters to Kajwang' on 1/7/96 and 9/8/96.
On 13/9/96 T.J.E Kajwang' Advocate wrote to the Complaint Commission to say that the complainant saw them in their chambers on 31/8/96 where he received his full and final settlement. On 20/11/96 the complainant wrote to the Commission denying that he had received full payment and pleaded for an oral hearing. This was com-municated to the Advocate by Rautta -Athiambo, Secretary of the Commission on 28/11/96, with a re-minder on 4/2/97. At this point Kajwang' stopped answering cor-respondence from the Complaint Commission leading to their filing the Disciplinary Cause by a letter to the Secretary of the Disciplinary Committee dated 7/5/97.
Let it be noted that this was the fourth conviction against Kajwang, by the Disciplinary Committee. Let it also be noted that there are cur-rently four other pending Causes at the Committee. All these will be dealt with by the Disciplinary Com-mittee in its usual manner, without any interference or participation by the Council of the Law Society.
The Council depreciates Honourable Kajwang's peddling of petty falsehoods and false innuendo to cheaply gain the sympathy of the public without stating the true facts of this matter, which are well known to him. His record as an advocate is well known to members of the legal fraternity. We trust that this explains the correct position per-taining to the matter. If Hon. Kajwang' is aggrieved, as he ap-pears to be, he has a right of appeal to the High Court against the deci-sion of the Disciplinary Committee.
E. T Gaturu is the Vice-Chair-man of the Law Society of Kenya.
source:
www.lawafrica.com/Magazine/Magviewer.asp?ID=94
By E. T Gaturu
By a letter dated 4/6/96, Chrisantus Ochieng Aber of Ndere Primary School, P.O. Box 26, Ndhiwa, made a formal complaint against Otieno Kajwang' Advocate to the Complaints Commission. The Complaint was to the effect that:-- His only good hand was amputated following a factory accident on 17/8/93, while working for Blue Tanners Alpharama Limited of Athi River. His other hand was with-ered from birth. He instructed Otieno Kajwang' to represent him in a claim against the company. The company's insurers were M/S Geminia Insurance Co. Ltd, which was represented by Ramesh Manek, Advocate. Kajwang filed Civil Case No. 1660 of 1994 in the High Court at Nairobi.
Kajwang' proceeded to settle the case without his permission and without informing him, and there-after forged his thumb-print on the discharge voucher. Kajwang' was paid by M/S Geminia Insurance, through the office of Ramesh Manek, Advocate and he still re-fused to pay the complainant what was due to him.
The Complaints commission did their investigations and conse-quently filed a Disciplinary Cause No. 84 of 1997 before the Disci-plinary Committee. It did this through an affidavit of Peter Smithson Hewett, a Commissioner for Complaints, appointed under Section 53 of the Advocates Act, sworn on 24/4/97, and a Supplemen-tary Affidavit sworn on 24/4/98.
All the service of summons, pleadings and correspondence have been by registered hand-delivery to Mr. Kajwang's Law Office at NHC House, 2nd Floor, Aga Khan Walk, Nairobi whose telephone is 229922. To the best of our knowledge, that office is open to date, and our records indicate that there is one other advocate operating from that office: Mr. Francis T.J. Kajwang'. Based on service by the Disci-plinary Committee, Hon. Otieno Kajwang' has attended the Disciplinary Committee sittings on 19/02/ 99 and on 23/07/99. It was on this latter date, when the date for sen-tencing of 06/08/99 was taken; in his presence. The Complainant, Chrisantus Ochieng Aber, testified orally on 14/11/97 and 18/9/98. (on the latter date the complainant con-firmed having been paid Kshs.130,000.00 only.)
After hearing the uncontro-verted evidence of the complainant, the Committee established the following facts: Otieno Kajwang' filed Nairobi HCCC 1660 of 1994 on behalf of Chrisantus Ochieng Aber. On 25/5/95, Kajwang' accepted the offer for all-inclusive settlement at Kshs.177,483.00 by letter. On 2/6/95, Ramesh Manek wrote to Geminia Insurance Company Limited, forwarding the 25/5/95 letter and Discharge Voucher stating “I consider this a very cheap settlement.” On 14/7/95 Ramesh Manek forwarded by letter a cheque for Kshs.177,48.3.00 dated 30/06/9 from the Insurance Company.
The Court records indicate on 2/8/95, the Senior Deputy Registrar, read a Consent Letter Ref. 8401 (Kajwang's file reference for this matter), dated 14/7/95 signed by both Counsel and he thereafter marked the case as “withdrawn with no order as to costs." On 23/11/95 Kajwang' wrote to the client stating that the suit had not be confirmed for hearing as was earlier fixed. He said they would move very fast and take another date After hoodwinking the client for long while, the client did his own investigations and discovered the truth of the matter. This led to client's comprehensive letter to Complaints Commission dated 4/6 96. Thereafter, PJS Hewett wrote inquiry letters to Kajwang' on 1/7/96 and 9/8/96.
On 13/9/96 T.J.E Kajwang' Advocate wrote to the Complaint Commission to say that the complainant saw them in their chambers on 31/8/96 where he received his full and final settlement. On 20/11/96 the complainant wrote to the Commission denying that he had received full payment and pleaded for an oral hearing. This was com-municated to the Advocate by Rautta -Athiambo, Secretary of the Commission on 28/11/96, with a re-minder on 4/2/97. At this point Kajwang' stopped answering cor-respondence from the Complaint Commission leading to their filing the Disciplinary Cause by a letter to the Secretary of the Disciplinary Committee dated 7/5/97.
Let it be noted that this was the fourth conviction against Kajwang, by the Disciplinary Committee. Let it also be noted that there are cur-rently four other pending Causes at the Committee. All these will be dealt with by the Disciplinary Com-mittee in its usual manner, without any interference or participation by the Council of the Law Society.
The Council depreciates Honourable Kajwang's peddling of petty falsehoods and false innuendo to cheaply gain the sympathy of the public without stating the true facts of this matter, which are well known to him. His record as an advocate is well known to members of the legal fraternity. We trust that this explains the correct position per-taining to the matter. If Hon. Kajwang' is aggrieved, as he ap-pears to be, he has a right of appeal to the High Court against the deci-sion of the Disciplinary Committee.
E. T Gaturu is the Vice-Chair-man of the Law Society of Kenya.
source:
www.lawafrica.com/Magazine/Magviewer.asp?ID=94