Gladys Muthoni, a widow who was awarded Sh5 million after her husband died in an accident along Kangundo Road is seeking justice after accusing her lawyers of holding her money.
Widow accuses Nairobi lawyer of swindling her Sh5 million after husband's death
The widow, who was awarded Sh5 million, now says she was kicked out of her house and her business will be auctioned if she doesnt get justice.
NTV aired the investigative piece which showed how Muthoni was taken in circles without any end in sight.
She accused the lawyer of using court processes to avoid paying the money. She added that the Law Society of Kenya was not helpful despite many attempts.
Documents obtained by DCI showed that the law firm, Aiyeko, Kangethe and Company Advocates, received the entire amount in batches despite the lawyer telling Muthoni that only part of the money was received and could not be remitted to her until the balance was paid.
Now Gladys holds that her lawyer planned to swindle her from the onset, adding that her presence during the proceedings seemed to irk the advocate.
The DCI was then was prompted to arrest advocate Victor Odhiambo Aiyeko and when they
forwarded his file for criminal charges, somehow the Office of the Director of
Public Prosecutions through principal prosecution counsel Festus Njeru Njue, wrote to the investigating officer Faith Masiolo and threw the matter back to the advocates complaints commission.
When contacted by NTV, the lawyer did not give any specific reason for withholding the money, only explaining that it was a long story involving many files.
“The reason is that it has been a very long story…why we got here and why you are calling me… it's been a long journey because you have to look at the file. That is what I told the DCI, let us look at the file that is why they dropped their charges,” the lawyer said.
However, NTV established that the advocate was not telling the entire truth because the DCI did not drop the charges against him, but halted the case because the matter was referred to the advocates complaints commission.
One lawyer who practices in Nairobi said that these kinds of cases are common, especially involving accident victims.
He explained that despite lawyers negotiating for a third of the money as legal fees, many create other expenses and bill their clients.
Over 70 complaints against advocates are reported every month, 80 percent of the cases being those of advocates who refuse to return clients money paid by insurance companies after winning cases.
“I know so many lawyers who are in this business and I made a personal decision on to handle such matters. They are very shrewd because other than taking their cut, they create funny expenditures so that by the time they remit the money…out of a Sh6 million award, the lawyer can cut Sh4 million,” a practising lawyer explained.
He added that morally such behaviour is wrong but many advocates use the law to swindle thot clients.
The widow now says she was kicked out of her house and her business will be auctioned if she doesnt get justice.
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