NAIROBI, Kenya, May 22 – The Law Society of Kenya (LSK) has issued notices to AG Githu Muigai, Solicitor General Njee Muturi and his deputy Muthoni Kimani to show cause why they should not be issued with Certificates of Dishonour over the Sh1.4 billion Anglo Leasing Payments.
In letters to the three signed by Chairman Eric Mutua, LSK contends that the Attorney General gave a misleading opinion that the government had no other legal option but to pay the Anglo Leasing contracts while an appeal option was still available.
“By a letter dated 11th August 2008, the Deputy Solicitor General Muthoni Kimani advised the Government’s advocates not to advance the defence of bribery and corruption,” he stated.
“This was done despite reports by Kenya Anti- Corruption Commission, the Cabinet, PriceWaterhouseCoopers, Public Accounts Committee and the Auditor General to the effect that contractual documents in the transaction were procured through corrupt practises and that the companies involved had no permanent address.”
According to Mutua, the government did not have legal representation in the case in December last year as Muturi appeared before the London Court without a licence to practise either in England or Wales.
“On 20th December 2013, you permitted and authorised Mr Njee Muturi, Solicitor General to represent the government before the London Court without a license to practise in England and Wales, effectively resulting into the Kenya Government having no legal representation in the suit and the proceedings are a nullity,” he stated.
He further indicated that Kimani authorised entering into an illegal consent in a case filed in Switzerland by First Mercantile Security Corporation.
“On 31st March 2010, you abandoned the defence of corruption and illegality of the contracts and entered into a consent judgement after mediation to pay Universal Satspace a sum of USD7.6 million. You issued misleading legal opinions that the government has no other legal option but to pay the Anglo leasing contracts while an appeal option was still available,” he said.
LSK has now given the three seven days within which they may reply to the notices.
Mutua said that the office of the Attorney General acted unconstitutionally, illegally and unprofessionally in an apparent conspiracy with the Executive.
He pointed out that the AG frustrated government lawyers by failing to pay their fees, issue instructions and respond to correspondence despite several reminders.
The society is petitioning the British Government to investigate the entire proceedings to establish whether there was a conspiracy involving judicial officers there, pointing out that the judge was very casual in dealing with the Kenyan case.