A Nairobi lawyer Professor Tom Ojienda has written to Devolution CAS Hussein Dado demanding Sh2.6 million from him as legal fees.
In the letter dated June 22, Ojienda is demanding for Sh2million plus interest owed to the firm of Tom Ojienda and Company Advocates arising from an election petition of 2017.
“We refer to the above matter at the loss of your bid for re-election as the governor of Tana River County, you instituted an election petition at Garsen High Court which you lost with cost to the Respondent,” he says in the letter.
He adds that his law firm taxed the bill of costs which was capped at Sh2million and the firm was issued with a certificate of costs dated October 11, 2018.
“We have since indulged and engaged you a number of times to honour this financial obligation to no avail,” Ojienda says.
“Instead, you chose to engage us in litigation which has now hit a dead end to your detriment as to further costs.”
Ojienda is demanding the principal amount of Sh2million and interest of Sh640, 000.
He is pleading with CAS Dado to pay 2.6million in full and final settlement of the debt to his account to prevent further proceedings in the matter which they can enter into negotiations on quantum on the costs of execution.
“Please take notice that if we do not receive this money or a proposal on the same within 21 days from the date of receipt of this demand, we will institute bankruptcy proceedings against you and your estate. We do not need to belabour reminding you of the legal consequences of being adjudged bankrupt,” Ojienda says in the letter.
Last year, the lawyer filed a statutory demand notice against Dado demanding for the money failure to which he will file a bankruptcy order against him.
Ojienda wanted Dado to satisfy the court that he has a counterclaim set-off or cross demand against the law firm which equals or exceeds the amount claimed.
Dado lost his position as a governor to the incumbent Dhadho Godhana.