Row as lawyer withdraws Sh500,000 from miraa account

A fresh row has emerged over how Sh10 million raised in 2013 to file a court case challenging the ban of miraa in the UK was utilised.

It emerged that the lawyer engaged in the lawsuit recently obtained court order to withdraw more than Sh530,000 from the miraa legal fees account without the approval of four signatories.

SIGNATORIES

The signatories include former Igembe North MP Joseph M’Eruaki, Igembe Central legislator Kubai Iringo, Mr Nabea Murianki and Mr Jesse Muambi.

It emerged that Sh1.7 million was left in the bank account after Dass Solicitors in London were paid Sh7 million and their local representative Mr Henry Kurauka paid Sh600,000.

The money had been contributed by farmers who were forced to pay Sh500 after a Njuri Ncheke order.

President Uhuru Kenyatta and his deputy William Ruto contributed Sh5 million, Meru County government Sh2 million while the rest of the money was contributed by leaders during a funds drive at Maili Tatu grounds.

The Sh2 million contributed by Meru County government became part of the 2013/2014 Auditor general’s report queries with Meru County Assembly directing that officials who paid the money be surcharged.

MIRAA FUNDS

The signatories of the miraa funds account have now threatened to sue the bank and lawyer Kurauka for fraudulently withdrawing Sh536,000 from the bank account.

A court order signed by Nairobi High court deputy registrar L.A. Mumassaba, in which Kurauka and Co Advocates has sued Kenya Miraa Farmers and Traders Association (Kemifata), directs Cooperative Bank, Maua Branch manager to issue a bankers Cheque for Sh536,904 to Kurauka and Co Advocates.

The order was issued in the absence of the respondent, Kemifata.

Speaking to the Nation, Lawyer Kurauka said the custodians of the money raised for the London miraa case had failed to pay his legal fees for the last five years, forcing him to go to court.

“They were to pay me Sh2 million while the lawyers in London received Sh15 million. However, I only received a down payment of Sh600,000. I did 80 per cent of the work but the signatories refused to release the balance to me. This is why I went to court,” Mr Kurauka said.

LEGAL FEES

He argued that the money raised at the fundraiser was meant for legal fees hence should not have been held in the bank without clearing his dues.

“They still owe me and if I include interest, it will be a lot of money. The signatories should explain to miraa farmers how the money was used and what they intended to do with the balance,” he said.

Mr Kurauka said he has represented miraa stakeholders in various lawsuits without demanding a lot of money since he is also a farmer.

But the account’s signatories have denied owing Mr Kurauka any money.

They also denied having knowledge of the court proceedings that led to withdrawal of money from the account.

Mr Iringo could not be reached for comment on the matter but in the past, he had explained that the Lawyers in London were paid Sh7 million while the Kenyan lawyer who prepared the files was paid Sh600, 000.

“We will sue the lawyer and the bank for fraud. There is no law that allows a bank to withdraw money from a customer’s account without their knowledge. The respondent in the court order is not the owner of the account from which money was taken. This is fraud,” Mr M’Eruaki said.

SH600,000

He said back in 2013, leaders from Meru had negotiated with Lawyer Kurauka, who agreed to be paid Sh600,000.

Kemifata chairman Dave Muthuri also denied owing the lawyer any money saying they paid Sh40,000 in a case against Nacada, which ended with an out of court settlement.

“We do not have an account at Cooperative Bank, Maua, and the lawyer has never written to us demanding any money,” Mr Muthuri said.

But Mr Kurauka said that he sued Kemifata because it was the entity that spearheaded the miraa law suits.

Nyambene Miraa Traders Association chairman Kimathi Munjuri also raised alarm over the matter and demanded that the signatories account for the money.

In 2016, a Miraa trader had petitioned the Njuri Ncheke council of elders to start an inquiry on how the money was spent, but the inquiry never happened.

The miraa case had been filed by Mr Mahamud Ahmed Mohammed, a miraa importer living in the UK.

He had filed the suit against then Home Secretary Theresa May at Her Majesty Courts and Tribunals Service in London on October 2, 2013.