City lawyer Donald Kipkorir to receive Sh1.3 billion legal fees from Nairobi County

The amount Donald Kipkorir will receive for representing the Nairobi County government against the Ministry of Defence in a case involving the plot of land where Embakasi Barracks is located is expected to reach Sh1.3 billion, making it one of the highest legal fees ever awarded in the history of the nation’s courtroom battles.

Following an almost ten-year legal battle, the Environment and Land Court decided last week that Mr. Kipkorir should get Sh1.338 billion as compensation for his representation of the now-defunct city council.

The Kenya Defense Forces forcibly seized the 3,000 acres of land, worth Sh61.5 billion, which led to the lawsuit in 2012. But in June of last year, the matter was dropped without Mr. Kipkorir’s input.

Diana Orago, a deputy registrar of the court, decided on the required payment after taking into account the land’s worth, the number of court files and appearances, and other factors.

The county administration objected to the sum because it believed Mr. Kipkorir’s law business, KTK Advocates, had a contract with the city to be paid Sh400 million plus VAT. However, Ms. Orago disregarded the assertion, claiming there was no evidence the sum had been agreed upon.

“It is moreover quite unfortunate that no proof has been tendered to this court to show that there existed a retainer agreement between the parties other than an unsigned letter allegedly from the applicant firm,” Ms Orago said.

The court said that the Advocates (Remuneration) Order stipulates the minimum amount, and that in determining the amount, it has the option of raising the fees while remaining above the minimum set forth.

Previous decisions have placed a strong emphasis on the value of the subject matter and the instruction fees while also taking into consideration the nature and significance of the case, the parties’ interests, the overall course of the proceedings, and the trial court’s instructions, among other factors.

According to court documents, Mr. Kipkorir requested instructions fees of Sh1.23 billion and ‘getting up fees’, or expenses expended for lawsuit preparation, of Sh410 million.

Affidavits were drawn up, court documents were filed, hearing notifications were obtained, and hundreds of letters and notices to and from the Attorney-General and other legal firms were taken into consideration.

The attorney also brought up the mentions and hearings in magistrate court, which cost a total of Sh1.6 billion including VAT.

The magistrate decreased the amount to Sh1.338 billion from the whole Sh2.8 billion requested by Mr. Kipkorir.

In its defense, the county administration asserted that the law firm had initially consented to reduce the cost by 73.9 percent, bringing it to Sh400 million plus VAT. The payment was supposed to be made in two installments, but Mr. Kipkorir refuted the allegations.