BY SAM ALFAN.
Governor Ferdinand Waititu has fallen out with his lawyer Harrison Kinyanjui in a case the Kiambu boss is fighting for Sh5.3 million from his predecessor William Kabogo.
In a petition filed on Tuesday, Kinyanjui says he no longer wishes to represent Waititu in the case that comes up for hearing on March 26, 2018.
Kinyanjui says in an affidavit that the matter has been adjourned four times but he has no instructions to adjourn the case on the next hearing date. “I can no longer expend my own resources to progress these proceedings on behalf of the respondent without any further instructions,” he said in a sworn statement.
The lawyer said that since he would like the respondent to proceed himself with the matter, he wishes to cease acting early enough so that the matter can proceed without excuse.
He said the law firm of Harrison Kinyanjui and Co advocates has repeatedly sought to adjourn the case on behalf of Mr Waititu on basis of promises made, but which have not been honuored.
He said all efforts to have Mr Waititu meet the obligation of the petition have borne no fruit.
The taxing officer had ordered Mr Kabogo to pay Waititu Sh5,343,922 in a case the former governor filed disputing Waititu’s degree. And after winning the case, Waititu promised to pay his lawyer’s fees once the work is complete. But he is yet to receive any settlement.
Kabogo meanwhile sought to set aside the award. “The client advocate relationship has collapsed. I am greatly handicapped in the conduct of the proceedings further and I cannot adequately discharge my professional obligations as law required in light of the foregoing,” Kinyanjui said.
Mr Kabogo had alleged that Ferdinand Ndung’u Waititu is a “distinct person from Clifford Ndung’u Waititu”.
He alleged that Mr Waititu had breached the Leadership and Integrity Act for allegedly possessing a fake degree from the University of Panjab in India.
But the court ruled that the issue could be dealt with by the Ethics and Anti-Corruption Commission.
Mr Waititu accused Mr Kabogo of wrongly using the court process to tarnish his political name and support.
It is clear Waititu has no time for his faithful and diligent lawyer, who Served him with dedication in several legal dispute.
According to sources, Waititu has fallen out with his lawyer for failing to pay fees and never responding to calls.
The application has been certified as urgent and hearing upon serving the governor. The matter will be mentioned on February 14th for further directions.