Confusion as lawyers in United Kingdom Mau Mau case wrangle

Mau Mau war veterans at the Nyayo Stadium for Madaraka Day celebrations.

By Ben Agina

NAIROBI, KENYA: Scramble for compensation of 8,000 Mau Mau war veterans has taken a new twist following a major disagreement between two partners of a firm that had exclusive rights to sign up.

At the centre of this is an unconfirmed amount of Sh176 million allegedly paid to some lawyers.

In addition, law firms that have been collecting claims from the 8,000 veterans have changed three times.

Initially, the cases were under Ashtonfox Solicitors, then came in the Tandem Law Solicitors and now there is a third one taking over the clients without their consent.

The firm at the centre of this controversy is being accused of purporting to represent the elderly and vulnerable Mau Mau freedom fighters in the UK under unclear circumstances.

Letter to LSK

In a letter to the Law Society of Kenya (LSK) seen by The Standard on Sunday, Rabala and Co-Advocates accuses Crispin Oduor Obudo and George Kagumba, both directors of the Griffin Legal Kenya Ltd Company of engaging in unethical practices.

The law firm of Rabala and Co-Advocates has now filed a complaint to several agencies including the LSK, Attorney General, PS Provincial Administration and Foreign Affairs.

The Law Society of Kenya met yesterday to resolve the dispute involving the lawyers and gave them 14 days to present to the list of their clients.

LSK Chairman Erick Mutua admitted that there have been complaints by groups of lawyers over professional misconduct on the matter.

“We have asked the complainants and the defendants to present their facts within 14 days so that we can look at the issues raised and make our ruling on the case,” said Mutua.

He said cases of clients theft have been reported and that LSK would look at the lists of all the clients in each lawyer’s papers.

“If we find that some names appear on both sides we will then ask the victims where they had filed their complaints. This will take us another 14 days before we make a ruling,” said Mutua.

LSK Secretary/CEO Apollo Mboya said there had been professional accusations-and-counter accusations among lawyers and law firms involved in the case locally and in the UK.

“We resolved to hear and determine the professional dispute towards faster dispensation of justice to the former freedom fighters,” Mboya said.

The war veterans moved to The High Court in Britain seeking compensation due to torture and other inhumane acts caused by officials and agents of the Colonial British Government.

Reports have indicated that the British Government is seeking an out of court settlement with the former war veterans.

Mboya said LSK had received a series of confidential letters that some people masquerading as lawyers were paid legal fees towards the case.

“We want to set the record straight and have called for a meeting of all involved parties to establish the lawyers on record for which case and clients,” Mr Mboya said.

He said they called the meeting to establish the status of any suit or settlement being pursued on behalf of the former freedom fighters and respective roles of the parties in the matter.

Mboya said there were also allegations of legal malpractices and misrepresentations involving local and British-based lawyers and law firms.

“There are also alleged impostors who allegedly pocketed more than Sh170 million as part of legal fees to represent the ex-Mau Mau fighters,” Mboya said.

He said LSK had also received formal complaints from the Kenya Human Rights Commission (KHRC) concerning unethical practices and misrepresentation to the former freedom fighters.

“We are also in possession of letters from the then ministry of Immigration stating that some persons involved in the case flew in from the UK and worked even without work permits,” Mboya said.

Companies involved

He said that some of the companies involved in the case are not registered in line with the law.

A section of the media recently reported a plea to the Government by Mau Mau War Veterans Association to investigate and arrest people circulating a letter with the alleged logo of a law firm based in London seeking their signatures.

Rabala said the directors have misrepresented themselves to the vulnerable and elderly victims of Mau Mau and this was confirmed through a letter dated December 10, 2012, where a formal complaint was raised by KHRC to the LSK

Yesterday, the LSK summoned Rabala and the accused to a meeting at the Panafric Hotel to address the complaints.

“The directors activities have resulted in taking advantage of the victims for their huge financial interest,” said Rabala.

The correspondence of December 10 last year from the KHRC as a complaint to the LSK states inter alia: “….we have a number of concerns as to the manner in which Tandem Law/Griffin Legal Kenya has been operating in Kenya… it’s clear Griffin Legal has been misrepresenting themselves to potential victims that they are working with both the KHRC and the Mau Mau Veterans Association on behalf of the victims…”

Mau Mau claimants

Some of the Mau Mau claimants have alleged that they have been signed up by Tandem/Griffin.

They have been asked to sign English conditional fee agreement without any explanation.

Rabala revealed there are correspondence that contain Griffin Legal Kenya’s stamp, which purports that they are partnering with Tandem Law (UK) and Rabala and Co Advocates, which was not the case.

“Tandem Law being a UK law firm, and Rabala and Co-Advocates, a Kenya law firm cannot imply or suggest that they are partnering with a non law firms such as this case,” said Rabala.

By implication, Rabala noted Griffin Legal has continued to imply that its directors are both solicitors and advocates by using the name “grugfion Legal” and also stating that they are partnering.