The family of the late multi-party hero Kenneth Matiba is reportedly entangled in a battle with his lawyer John Mburu over Ksh1 Billion compensation.
The Nation reported that Matiba was awarded Ksh978 Million as special and general damages by Justice Isaac Lenaola, then a judge of the High Court.
The court also awarded him Ksh15 Million in damages and for violations suffered, another Ksh18.1 Million for medical expenses. The amount has since risen to more than Ksh1 Billion because of interest.
According to Mburu, he was responsible for prosecuting the matter yet the family has sidelined him and reduced him to a “bitter enemy” for merely harbouring a legitimate expectation of his minimum fees.
He accused the family of arrogating themselves ownership of the entire amount to his exclusion and treated it as their sole property to which he has no claim.
Mburu states that he is entitled to a sum of Ksh202,715,839 as fees pursuant to the taxation of the party and party bill of costs, which was made on February 1, 2018, as per the provisions of Advocates Remuneration Order 2014.
Justice Lenaola, now Supreme Court Judge, agreed with Mburu that the ex-minister was the founder, leader and the motivator behind the success of his companies and his detention and ill-treatment affected his business empire. The illegal detention led to the collapse of his empire and deterioration of his health, the judge noted.
Mburu, through his advocate Nicholas Ombija, has filed a petition in the High Court accusing the government and Matiba’s family of clandestinely working behind his back.
On April 14, the government paid out Ksh200 Million to the late politician’s family.
Ombija told Justice James Makau that the government was planning to disburse a further Ksh500 million to the family in June, without consulting Mburu.
Matiba's deteriorating health was traced to the time he spent in detention following his arrest in July 1990 while agitating for the return of multi-party politics.
While in detention, he suffered stroke on May 26, 1991, but state officials were not bothered to get him medical attention and remained in that state for a week.
