Petition filed for suspension of advocates linked to multi-billion county legal fraud

The petitioners want the court to direct the Law Society of Kenya (LSK) to suspend the advocates from operating pending the hearing and determination of the case. They also seek orders against an unregistered legal entity they claim is being used to circumvent professional and legal regulations.

The petition further seeks to bar Nairobi City County, the County Government of Marsabit, the Local Authorities Provident Fund (LAPFUND), and the Kenya County Government Workers Union from issuing new legal instructions or processing payments to the advocates pending the determination of the petition.

In addition, the petitioners are asking the court to order Roba Duba Sharu to step aside as a member of the LAPFUND Board, while Advocate Bokayo Guyo Halake steps aside from her position as Principal Legal Counsel at the County Assembly of Marsabit to allow investigations.

They also want the court to direct the Auditor-General, the Ethics and Anti-Corruption Commission (EACC), the Asset Recovery Agency (ARA), and the Public Procurement Regulatory Authority (PPRA) to carry out forensic audits into the procurement of legal services, legal fees paid, procurement processes, budget allocations, and possible conflicts of interest involving Nairobi City County, LAPFUND and the County Government of Marsabit.

The petition further seeks to halt the execution of the judgment in Bungoma Employment and Labour Relations Court Petition No. E001 of 2019, arguing that it was allegedly obtained through fraud.

The petitioners want the court to transfer the file to the office of the Chief Justice for audit and scrutiny and to stop Bungoma County and other public bodies from processing any payments arising from the judgment.

According to the court documents, the petitioners allege that the respondents formed a syndicate involving advocates to file and defend fictitious cases against county governments and public institutions to obtain fraudulent court awards and legal fees.

They claim Nairobi City County has already lost more than KSh300 million in legal fees through the alleged scheme, while Bungoma County risks losing over KSh3 billion if execution of the ELRC judgment proceeds.

The petitioners argue that the alleged conduct threatens public funds, undermines the integrity of the legal profession and violates constitutional principles on accountability and prudent use of public resources.