Lawyer Okello walks free after High Court blocks forgery prosecution

Lawyer Benard Odero Okello at Kibera Law Courts on September 11, 2026 where he was arraigned over alleged forgery, uttering forged documents, resisting arrest and assaulting two police officers. [David Gichuru, Standard]

City lawyer Benard Odero Okello was arraigned at Kibera Law Court on Friday to face 10 forgery-related charges relating to transactions involving the Kenya County Government Workers Union.

Okello, who appeared before the Kibera Chief Magistrate Stella Atambo shortly after his arrest on Thursday but did not take plea after his lawyers presented orders from the High Court stopping his prosecution.

The lawyer was represented by a battery of lawyers led by Law Society of Kenya President Charles Kanjama and advocate Shadrack Wambui who told the court that Kiambu High Court Judge Bahati Mwamuye had issued orders barring the DPP, DCI and IG from further arresting, detention, arraignment and prosecution over matters involving the union.

According to the High Court order presented before Magistrate Atambo, Justice Mwamuye restrained the Directorate of Criminal Investigations (DCI), the Inspector General of Police, DPP and other respondents from arresting, detaining, charging or prosecuting Odero and members of staff at Odero & Partners Advocates over matters involving the Kenya County Government Workers Union.

The order specifically covers transactions involving the union, including a fee agreement dated September 17, 2023.

Justice Mwamuye also directed the immediate and unconditional release of Okello or any advocate, staff member or agent of the law firm who may be detained in connection with the transactions.

The Judge warned the parties that disobedience or non-observance of its orders would attract penal consequences. The matter will be mentioned on October 28, 2026, to confirm compliance and for directions on the expedited hearing and determination of the petition.

Wambui said the High Court had issued orders stopping the charging and arraignment of Okello and had directed his unconditional release.

“Orders have been issued directing the unconditional release of the accused person he should not be prosecuted henceforth,” Wambui said.

Kanjama told the court that proceeding with the criminal case despite the High Court orders would amount to an abuse of the court process.

“The counsel for the accused believe that the proceedings that were to be commenced this afternoon would amount to a gross abuse of court process because they arise from ongoing civil proceedings relating to the complainant and the accused,” Kanjama said.

He said the dispute was of an advocate-client nature and argued that the High Court intervention was meant to prevent criminal proceedings from being used to resolve what was essentially a civil dispute.

“The decision of the High Court is to preserve the dignity of the court and avoid the court being misused by officers of the state to prosecute civil matters in criminal proceedings,” Kanjama said.

He asked the magistrate to stay the charges pending the determination of the High Court petition. In a brief ruling the magistrate said she had taken note of the High Court orders and directed that the matter remain active in the court system without proceeding in contravention of the orders.

The magistrate consequently stayed the plea-taking and directed that lawyer Odero be released unconditionally, in line with the High Court orders. She further directed that the circumstances surrounding his arrest be addressed and a report filed before the court.

“Plea taking be and is hereby stayed as ordered by the High Court, pending further directions in the petition that has been filed,” the magistrate said.

The matter is expected to come up on November 19, 2026, for a status update on the Kiambu High Court proceedings.

According to the charge sheet filed by the DPP in court, Okello was expected to face three counts of forgery relating to the signatures of Kenya County Government Workers Union officials Calvince Okello, Festus Ngari and Benson Oliang’a Oriaro.

The prosecution alleges that he forged their signatures on a change of signatory and fee note agreement” dated September 17, 2023, purporting the signatures to be genuine.

The document is alleged to have been used in Employment and Labour Relations Court Cause No. E068 of 2022, involving the union, its Nairobi branch, Nairobi City County and the County Public Service Board over unpaid salaries.

Okello is also accused of knowingly and fraudulently uttering the allegedly forged document before the Labour Court during party-to-party taxation proceedings on November 19, 2024.

He faces three further counts relating to another document in which he is accused of forging the signatures of Oriaro and Ngari in a claim concerning alleged failure by Nairobi County Government to remit salary deductions for October and December 2021.

The prosecution alleges that the document was also presented as genuine before the Employment and Labour Relations Court during the November 19, 2024 proceedings.

The final three charges stem from Okello’s arrest on September 10 at Wesley House in Westlands.

He is accused of resisting arrest by refusing to be handcuffed and struggling with police officers.

He also faces two counts of willfully assaulting Police Constables Simon Mwaniki and Stephen Ndirangu while they were executing their duties.

The prosecution has listed the three union officials, a document examiner and Corporal James Munyao as witnesses.