How Much Ruto, Raila Will Pay Lawyers in Supreme Court Petition

Senior Counsel Fred Ngatia (left), Senior Counsel James Orengo (Centre), Fromer AG Githu Muigai (Right).
Senior Counsel Fred Ngatia (left), Senior Counsel James Orengo (centre), and former AG Githu Muigai (right)

As lawyers brace themselves to argue out in favour of their candidates in the presidential petition, at the Supreme Court, the job equally comes with a generous pay at the end of the face-off.

According to Apollo Mboya, an advocate of the High Court, a lead lawyer would pocket up to Ksh10 million to represent a party at the Supreme Court. In this case, the legal fee includes offensive and the defensive side.

The hefty pay, however, depends on the rate card considering other lawyers in the high-stake case are Senior Counsels.

"A lead lawyer would pocket Ksh10 million, for a presidential petition, and you can imagine  how many lawyers are there," said Mboya who spoke to Kenyans.co.ke.

from right; Azimio flagbearer Raila Odinga, prof. Makau Mutua and Azimio deputy presidential candidate Martha Karua filing their petition at the supreme court on August 22, 2022
From right; Azimio flagbearer Raila Odinga, Prof. Makau Mutua and Azimio deputy presidential candidate Martha Karua filing their petition at the Supreme Court on August 22, 2022.
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Azimio TV

The Ksh10 million is for the lead lawyers, with Mboya saying other lawyers are paid based on their rate cards and the kind of work they are assigned during the entire petition process.

In this case, there are lawyers who handle a chain of work ranging from research, IT to library.

"We also have lawyers who handle different task during the entire period of petition, like  research and IT," Mboya added.

Mboya also pointed out that some advocates due to their close relationship with candidates, might chose to represent them at a lower rate or even free of charge.

In 2017, media reports indicated that the Independent Electoral and Boundaries Commission (IEBC) spent a whopping Ksh202 million on lawyers as legal fee.

A lead lawyer during the petition made between Ksh25 million and Ksh40 million depending an individual's rate card.

It was a drop by 48.2 per cent when the Commission spent Ksh390 million in the 2013 election petition. According to Nation.Africa, the 2017 figures were slashed when IEBC caped the figures to factor in Governors, MPs, MCAs, Woman Rep and Senator cases with Value Added Tax (VAT) included.

In the 2022 presidential election petition, Azimio La Umoja One Kenya coalition alongside other eight petitioners moved to the Apex Court to challenge the outcome of presidential election results in which William Ruto was declared President-elect alongside his Deputy-elect Rigathi Gachagua.

Azimio's legal team is led by Siaya governor-elect James Orengo. Others are in-coming Kisumu Senator Prof Tom Ojienda, Rarieda Member of Parliament (MP) - elect Otiende Amollo, Paul Mwangi, Philip Murgor, Pheroze Norwojee, Makueni Governor-elect Mutula Kilonzo and incoming senator Dan Maanzo.

Ruto on the other hand has assembled top-notch legal minds including Senior Counsel Fred Ngatia, former Law Society of Kenya (LSK) president Nelson Havi, Prof Kithure Kindiki, Adrian Kamotho and Collins Kiprono. 

On the other hand, IEBC lawyers include former Attorney-General Githu Muigai, Kamau Karori, Abdikadir Mohamed, Eric Gumbo, Peter Wanyama and Edwin Mukele.

Lady Justice Martha Koome (center) and the other members of the Supreme Court bench.
From Left: Supreme Court judges Isaac Lenaola, Smokin Wanjala, Philomena Mwilu, Martha Koome, Mohammed Ibrahim, Njoki Ndungu and William Ouko taking a photo outside the Supreme Court in September 2022.
Photo
The Judiciary of Kenya