LSK fights to block Anglo-Leasing pay

Aggrey Mwamu, one of the lawyers representing Law Society of Kenya in a case in which the LSK seeks to stop the planned payment of Anglo-Leasing debts by the government. PHOTO/FILE

What you need to know:

  • Through lawyers James Aggrey Mwamu, Antony Khamati and Ms Nyathira Muthuma, the Law Society of Kenya said the payment of Sh1.4 billion ($12 million) was a breach of the Constitution and against the will of Kenyans.
  • Mr Justice David Majanja declined to give orders stopping the payment but certified the petition as urgent.
  • "The company that is being paid wasn’t even registered, let alone allowed to do transactions of such big amounts, yet the government wants to pay,” said Mr Mwamu.

Lawyers Monday moved to court to stop the planned payment of Anglo-Leasing debts by the government.

They sought legal redress as MPs Junet Mohamed (Suna East) and Samuel Gichigi (Kipipiri), and Senator Muriuki Karue (Nyandarua) accused the government of neglecting its duties, only to later blame lawmakers for the illegal payments.

Through lawyers James Aggrey Mwamu, Antony Khamati and Ms Nyathira Muthuma, the Law Society of Kenya said the payment of Sh1.4 billion ($12 million) was a breach of the Constitution and against the will of Kenyans.

“The decision to pay is baseless and based on untenable grounds.

The company that is being paid wasn’t even registered, let alone allowed to do transactions of such big amounts, yet the government wants to pay,” said Mr Mwamu.

He argued that the foreign court that delivered the judgment requiring Kenya to pay the Anglo-Leasing money was biased.

“Kenya’s solicitor-general Njee Muturi filed several complaints over how the case was being handled at the foreign court but the learned judge ignored the concerns and went ahead to make the outrageous judgment,” he said.

He submitted that the judge also refused to give room for an appeal to be lodged.

A consent which the law society alleges the government never signed was the ground to throw out the appeal.

“The judge seemed to have very casually brushed aside the very strong defences and counter-claims, and the evidence brought forward by the Kenyan Government, raising questions as to whether the government was ever given a fair hearing,” said Mr Mwamu.

He argued that the judge in England relied on information being provided by a lawyer for the plaintiff, a Mr Maclaren, on the amounts to be paid without considering Mr Muturi’s information.

“Mr Muturi looked helpless and had no adequate knowledge of the case,” he said.

On September 5, 2006, Universal Satspace (North America) LLC sued Kenya over $12,366,816 at the Justice Queen’s Bench Division Commercial Court, whose decision has raised concerns over how the matter was handled.

Mr Justice David Majanja declined to give orders stopping the payment but certified the petition as urgent.