The Ethic Anti-Corruption Commission is investigating the payment of legal fees to 26 law firms.
In a letter dated January 21, 2021 , EACC has asked the County Secretary to furnish it with the specific case files handled by the 26 law firms between 2013 and 2020, including details of the cases, letters of instructions and contract agreements.
“The commission is undertaking investigations at the Nairobi City County in respect of payments of legal fees to the following firms,” reads the letter in part.
The firms include Irungu Kang'ata and Co Advocates, Osundwa and Co Advocates, Kwanga Mboya and Co Advocates, Kithi and Co Advocates, Wanjiku Maina and Co Advocates, E Onyango and Co Advocates, JO Magolo and Co Advocates, Ario Advocates, Maskam ( Asanyo) , EN Omoti and Co Advocates , Ogeto Ottachi and Co Advocates, Musyoka Mogaka and Co Advocates, Masire Mogusu and Co Advocates, Maanzo and Co Advocates , and Miller and Co Advocates.
The others are Koceyo and Co Advocates , RM Wafula and Co Advocates , Mbaluka and Co Advocates , Njenga Maina and Co Advocates, Kandie Murtai and Co Advocates , Sirma and Co Advocates, Arati and Co Advocates, CM Mitema and Co Advocates , Munyasia and Co Advocates and Ongicho Ongicho and Co Advocates.
“To facilitate our investigations, kindly but urgently furnish us with the original documents in respect to the above firms,” the letter reads.
The commission's spokesman Yassin Amaro confirmed to the Star that the letter was authentic.
The EACC has also asked to be furnished with all payment vouchers and cheque counterfoils and lists of pre-qualified law firms for the years 2013-2020.
The commission has requested for minutes approving the list of pre-qualified law firms and any other documents relevant to the investigations.
The county assembly has over time lamented and raised concerns over money paid to legal firms.
In the 2016-17 financial year report, former Auditor General Edward Ouko was concerned by the money that the legal department spent, citing Sh592.4 million unauthorised payments.
In the period under review, the department’s legal costs were Sh645.3 million against the approved budgetary allocation of Sh105 million.
According to Ouko, the department paid 12 law firms Sh314.4 million.
The money was spent outside the Integrated Financial Management Information System.
In February 2019, the County Assembly Public Accounts Committee found that the legal department spent Sh480 million, more than four times the Sh100 million budgeted for.
The payments were made without documentary evidence.
In particular, a total of Sh318.4 million was paid to different lawyers without supporting documents.
MCAs have in the past flagged the legal department for colluding with law firms to siphon money from City Hall, noting in particular financial year 2018-19 when no case was handled by county lawyers.
Instead, 48 law firms were paid Sh795.9 million. Only eight of the firms presented fee notes.
Documents before the County Assembly Legal and Justice committee showed that 335 cases were handled by the legal department, with only 12 of them successful in the same period. The rest were either withdrawn or lost.
The committee questioned why Sh795.9 million was paid only to law firms yet the county's allocation for the clearance of the pending bills in 2018-2019 was Sh2.5 billion.
Edited by Henry Makori
