NAIROBI, Kenya, Nov 6 – Kisumu Town West MP John Olago Aluoch has been struck off the Law Society of Kenya (LSK) Roll of Advocates over gross professional misconduct.
The LSK Disciplinary Tribunal found Aluoch guilty of withholding Sh700,000 damages paid to Milka Adhiambo Ojwang whose husband Martin Tego died in a road accident.
The tribunal struck Aluoch off the Roll of Advocates saying he is a politician earning over Sh800,000 monthly and should pay the widow her money.
According to the tribunal, the MP is not a first offender as he was earlier found guilty of failing to account for Sh924,000 he received on behalf of a client from United Insurance Company.
LSK Secretary/CEO Apollo Mboya said that the widow approached Aluoch to file a suit to recover damages arising from the accident that led to the death of her husband in Kisumu.
The High Court in Kisumu awarded the widow Sh700,000 that was paid through Aluoch.
Aluoch never gave his client the money as required after the payment was made to his I&M bank account (via cheques dated September 24, 2005) in Kisumu.
“Mr Aluoch issued his client with two cheques totalling Sh27,000 that bounced in 2007 when she wanted to pay fees for her son at Wang’apala Secondary School in Homa Bay County,” Mboya said.
The widow filed a complaint against Aluoch before the Advocates Complaints Commission (ACC) which summoned him.
The tribunal was to ascertain whether Aluoch withheld the Sh700,000 (plus interests) paid to him on behalf of his client and whether he issued bounced cheques, gave false and misleading information to his client regarding the status of her case and whether his failures amounted to professional misconduct.
According to judgment by the tribunal signed by the chairman Ezekiel Wanjama, Gladys Kinyanjui and Ambrose Weda, Aluoch was found guilty of professional misconduct.
“We find the respondent guilty of professional misconduct or conduct unbecoming of an Advocate…we convict him accordingly,” Wanjama said.
The tribunal further ordered Aluoch to pay the widow Sh700,000 (plus interest) and compensate her forthwith.
To date, The LSK has struck off 53 lawyers from the Roll of Advocates and suspended 37 others over professional misconduct.
The LSK has a total of 10,306 members with 6,341 having valid practicing certificates this year while 2,653 are inactive and 519 are deceased. There are 6,212 male advocates, female (3,807) while 287 have not declared their gender.