Lawyer Thomas Maosa Found Guilty Of Stealing From Client

Lawyer Thomas Maosa Gichana Nyakambi has been found guilty of professional misconduct.

Consequently, the lawyer was directed by the Advocates Complaints Tribunal to refund the Sh62.9 million, which he received on behalf of his client but never transferred the same.

Evidence tabled before the tribunal was that Maosa received the money on behalf of the client, who had won a tender with the Ministry of Tourism in 2004.

The tribunal further directed the advocate to pay the costs of the bear the costs of the proceedings amounting to Sh100,000.00 and a further Sh70,000.00 to the Law Society of Kenya

The Tribunal noted that correspondence filed before them showed that by a letter dated 25th April, 2022, while responding to an enquiry made by the Director of Criminal Investigations, the State Department of the Ministry of Tourism and Wildlife, the Principal Secretary indicated that Sh. 85,934,255.10 was paid to the advocate’s bank account.

“This money was in partial settlement of the tender value,” said the Tribunal.

The tribunal added that the evidence was not controverted by the advocate.

“It stands as credible and probative evidence,” ruled Tribunal.

The tribunal said the said sums were due and owing to the complainant by virtue of the value of the tender that he successfully bided for in the year 2004.

The tender was affirmed by the judgment of High Court in Milimani Commercial High Court Civil Case No. 148 of 2012, out of which the sum of Sh.22,820,000.00 was remitted to the complainant as both parties.

“This therefore means that the advocate as things stand is withholding the sum of Sh. 62,915,950,” said the tribunal.

Interestingly, the advocate has reckoned that the bill in the impugned matter forming the subject of the tender has never been taxed.

“More importantly, the record does not show the existence of an agreement of legal fees to deprive the taxing officer the jurisdiction to tax the bill in this matter,” said the tribunal