Nairobi Lawyer In Court Over Defrauding Client KSh 26m: "Filing Fees"

• David Chege was accused of defrauding his client Marianne Kamau over KSh 26 million for filing a case
• Charge details indicated that Chege allegedly committed the offence with other people before and not before the court
• He pleaded not guilty to the charges and remained detained at Capitol Hill Police Station ahead of a bail ruling on Wednesday, August 16

A Nairobi-based lawyer has been charged with defrauding a client of KSh 26 million.

Who is an advocate of the High Court?

David Chege, an Advocate of the High Court, was arraigned for allegedly demanding the money from his client saying it was court filing fees.

The accused appeared before Milimani Senior Resident Magistrate Benmark Ekhubi where he faced charges of defrauding Marriane Kamau the amount.

According to the charge details, on diverse dates between February 1, 2022, and July 30, 2023, at an unknown place within the Republic of Kenya, jointly with another before the court and another not before the court, with intent to defraud, obtained a sum of KSh 26,075, 000 from Kamau.

The prosecution told the court that the accused allegedly committed the offences by falsely pretending that he was in conduct of a non-existing civil case at Milimani Law Courts.

Fraud in Kenyan law

The prosecution told the court that he committed the offence by falsely pretending that he was in conduct of a non existing civil case at Milimani Law Courts and that the conduct was for filing fees, a fact he he knew to be false.

"On the same dates in an unknown place with other not before the court, conspired to defraud the same amount from his client by pretending that he was in conduct of a civil case at the Milimani Law Courts, despite knowing that it was false," read the second count.

Chege pleaded not guilty to the charges and was detained at Capitol Hill Police Station pending a court ruling on bail on Wednesday, August 16.

If convicted of the two offences, which are considered misdemeanours, Chege is liable to a jail term of three years with an option of a fine.

He may also be subjected to probe by the Advocates Complaints Commission if the client raises the matter.

The Advocates Complaints Commission is a statutory body established in 1989 under section 53 of the Advocates Act (Cap. 16 of the Laws of Kenya) to enquire into complaints of professional misconduct against any advocate, firm of advocates, or any member or employee thereof.

This commission investigates and prosecutes complaints before the Disciplinary Tribunal alongside facilitating In-House dispute resolution session (IHDR).

TUKO.co.ke covered a report documenting requirements for one to become an Advocate of the High Court.