On the night of November 20, last year, as the nation waited for the ruling of the Supreme Court on the repeat presidential petition with bated breath, one man stood out.
Edward Kings Maina Onyancha caused a stir when he engaged the six Supreme Court judges over a decision to disallow him to join the petition.
Mr Onyancha’s application to be enjoined in the case was thrown out by Chief Justice David Maraga citing time constraints.
But Onyancha could not take it lying down: “My application has been thrown out and now I don’t know where to go to. My rights as a voter have been abused and this court has chased me away, where do I go to?”
”I am not a joyrider or a busybody in this court. This court is not for busybodies, it is my rights which have been abused,” Maina said as the hushed court listened and the Chief Justice watched pensively.
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Not bowing out
The 75-year-old father of seven and now a great grandfather is no stranger to judges, magistrates and lawyers in Nakuru and Nairobi law courts. Described by some as a vexatious litigant, Onyancha says being branded as a man who files frivolous litigation will not deter him from filing cases in court.
Nakuru Law Society of Kenya (LSK) Chairman Frank Mwangi says a vexatious litigant is a problem judges and lawyers are likely encounter at least once in their careers.
“It is a well-accepted precept that courts exist, in part, for citizens to seek redress for their claimed civil wrongs,” Mr Mwangi says.
And so Onyancha is not bowing out: “All the cases I have filed in court have merit - with very high chance of being won but judges in this country have let many Kenyans down,” he says.
Onyancha has filed more than 20 civil cases in court -- most of them revolving around management of the Kenya Farmers Association (KFA), his former employer.
Others are against commercial banks, multinational companies -- for instance Tullow Oil Company --and state corporations.
Onyancha has been at it since 1987. He has no background in legal practice but has mastered relevant sections of the law regarding civil litigation.
When he stands up in court to speak, he leaves no doubts in the minds of many who care to listen that he understands the trade.
“He does his research well. He quotes the law, knows what sections of the civil procedures applies to each of the cases and understands his rights as a litigant,” says Peter Kariuki, an advocate of the High Court who has interacted with Onyancha in the corridors of justice.
Although success has been minimal, he believes everyone is entitled to their day in court, if they have a legitimate case. “I have won some and lost some. I do not regret any case I have filed in court,” he says.
Favourite respondent
One of his cases has been in court for 26 years, heard by 22 different judges and gone through seven Court of Appeal sessions.
In this particular case, he has sued a Chinese company that had contracted him to design and build houses in Garissa, Murang’a, Narok and Baringo counties.
“I won the case but a lawyer decided to pocket my Sh6 million award. We are still in court,” he says.
Onyancha narrated to Saturday Standard each of the cases he has filed. His favourite respondent, he says, has been KFA, which he has sued countless times.
His first case against the association was in 1987. Onyancha is a former employee and director of the organisation that used to supply farmers with affordable and quality farm inputs.
He says the institution was mismanaged and says current officials are in office illegally.
“The KFA has never had a legally constituted board and senior management since 1990 when I went to court and successfully challenged the legality of an AGM and the books of account,” he says.
He has a pending case with KFA. Before the Supreme Court incident, the trained computer programmer had crossed path with Chief Justice David Maraga in Nakuru. Justice Maraga was the presiding judge in one case Onyancha has filed against KFA.
Our interview is brought to an immature end by a phone call from his partner. He tells me he needs to rush to his office to prepare for a case at the Court of Appeal in Nairobi.
smkawale@standardmedia.co.ke
