The National Land Commission (NLC) has been ordered to pay Kisumu Senator and lawyer Tom Ojienda over Ksh9 million in accrued legal fees after failing to compensate him for his services.
In a ruling delivered before Justice Lawrence Mugambi at the Millimani Law Courts on Friday, the judge ordered that Ojienda be paid Ksh9,315,369.50 after he moved to court demanding the fees.
”In the circumstances, I hereby enter judgment for the firm of Prof Tom Ojienda & Associates for the sum of Kshs9,315,369.50 as appears in the Certificate of Taxation dated 31st January 2024 against the National Land Commission,” Justice Mugambi ruled.
According to court documents, Ojienda filed an application seeking payment after the NLC delayed settling his legal fees for the services he provided.
Senior Counsel Tom Ojienda.
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Furthermore, the documents stated that the fees were to be paid from taxes accrued from a previous suit he had won, amounting to Ksh29 million.
”Prof. Ojienda asserts that the applicant filed an advocate-client Bill of Costs dated 31st March 2023, seeking a sum of Kshs 35,911,653.50 as legal fees due and owing from the respondent. Pursuant to the court’s ruling delivered on 19th January 2024, the bill was taxed at Kshs 9,315,369.50/=, and a Certificate of Taxation was issued on 31st January 2024. The Certificate of Taxation remains valid and has not been set aside or altered to date,” read part of the court documents.
”Despite being properly served with the application and despite the respondent’s counsel repeatedly requesting and receiving extensions to file a response and submissions the respondent failed to do so within the given deadlines. For clarity, as of the date of this ruling, no response or submissions have been filed.”
Justice Mugambi ruled in favour of Ojienda after the NLC failed to respond to the financial demands made to the court.
”In the present case, no reference or challenge has been filed against the taxation. Consequently, the Certificate of Taxation remains uncontroverted and binding,” noted Justice Mugambi.
”In light of this, I hold that the court has no further discretion in this matter and is obligated to adopt the taxed amount, as specified in the Certificate of Costs, as the judgment of this court.”
The National Land Commission (NLC) and Tom Ojienda have been embroiled in a prolonged legal dispute over unpaid legal fees, which the NLC has previously delayed releasing after Ojienda represented them in various cases.
The latest ruling follows a December judgment in which the court ordered the NLC to pay Ojienda Ksh 29.5 million for his legal services in a case before the Environment and Labour Court, after delays in settling the amount.
High Court Judge Lawrence Mugambi.
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