LSK threatens to issue Certificate of Dishonour to AG, Solicitor General

Attorney General Githu Muigai addressing the Media at his office in Nairobi on May 19, 2014. PHOTO/BILLY MUTAI

What you need to know:

  • Deputy Solicitor General asked government lawyers not to advance any defence on bribery and corruption in the Anglo Leasing cases
  • The AG is also accused of withdrawing instructions from foreign advocates

The Law Society of Kenya (LSK) is demanding an explanation from Attorney General Prof Githu Muigai, Solicitor General Njee Muturi and Senior Deputy Solicitor General Muthoni Kimani over Anglo Leasing payments.

LSK want the three to show cause why a Certificate of Dishonour should not be issued to them because of the way they handled the Anglo Leasing cases that cost the country Sh1.4 billion.

In the letter signed by LSK chairperson Eric Mutua, the three have been given seven days to respond failure to which action will be taken by the lawyers' council.

The letter lists seven grounds on which LSK says are grounds for issuing the Certificate of Dishonour.

The first ground states that the Deputy Solicitor General asked government lawyers not to advance any defence on bribery and corruption in the Anglo Leasing cases in England in a letter dated August 11, 2008.

The lawyers claim the AG abandoned the bribery and corruption defence and instead entered into consent to pay Universal Satspace US$7.6 million.

The AG is also accused of withdrawing instructions from foreign advocates in December 2013 and appointed the Solicitor General to take over the cases knowing he cannot practice in England.

“You authorised the entering into an illegal consent in a case filed in Switzerland by First Mercantile Security Corporation,” the letter stated.

LSK further accused the AG of failing to lodge an appeal against the ruling on the payments to defend the public interest.

The AG has since defended himself against claims that he is to blame for mishandling the Anglo Leasing cases.