Lawyers face penalties over ‘disgraceful’ fight

Two lawyers representing the family of a slain Mombasa tycoon have been reprimanded over a fight at the Mombasa Law Courts last week.

Law Society of Kenya chief executive Apollo Mboya has asked Mr Charles Okelo Agwara and Mr George Ouma Miyare to show cause why they should not be disciplined.

“We are seized of reports that on Wednesday July 29, 2015 within the precincts of the Mombasa Law Courts you engaged in acts that were not only criminal but amount to professional misconduct,” said Mr Mboya in letter dated July 31 states.

Mr Mboya went on: “In view of the above, this is a notice to show cause within seven days from the date hereof, why disciplinary action should not be issued against you.”

The LSK boss copied the letter to Homa Bay Town MP Peter Kaluma, who is also involved in the Shahid Pervez Butt family case.

“I am also notifying and inviting your pupil-master Peter Kaluma, who was leading one of you in the succession case before Justice Muriithi, to make submissions on the circumstances leading to the misconduct,” said Mr Mboya.

Mr Miyare is representing the late tycoon’s second wife, Regina Butt, while Mr Agwara is acting for his first wife, Akhtar Butt, and her son Haron Butt in the Sh5 billion estate dispute at the Family Division of the High Court in Mombasa.

Mr Miyare and Mr Agwara had a heated argument before Mr Justice Edward Muriithi, who adjourned the hearing to allow them to sort out their differences.

Instead, they engaged in a fist fight before other lawyers, court orderlies and the public moved to separate them.

They apologised to Mr Justice Muriithi for their misconduct the following day.

“I apologise to the court on my own behalf and on behalf of my colleagues for what transpired in court and outside court yesterday,” said Mr Miyare.

And Mr Agwara added: “I apologise to the court though the incident happened outside this court but it was in the corridors of the court.”

However, the judge scolded them, saying he did not expect them to engage in such embarrassing behaviour.

“Nevertheless, I have no problem with you apologising but more important to those who witnessed you engage in the scuffle. As drivers of (the) oasis of justice, no one had expected that from you,” said Mr Justice Muriithi.

Last Saturday, police arrested Mr Miyare and Mrs Regina Butt for allegedly using goons to effect a court order to remove Mrs Akhtar Butt from the family home in Nyali, Mombasa.

They were later released from the Nyali Police Station after officers were informed the matter was pending in the High Court.