A Kenyan court has ruled that lawyer Donald Kipkorir be paid Ksh1.338 billion for representing the Nairobi City Council in a land case. The amount could be the highest legal fees ever paid to one law firm in Kenya.
The flamboyant lawyer was the lead counsel in the case involving a 3,000-acre land valued at Ksh61.5B that was forcibly taken over by the Kenya Defence Forces, triggering the suit in 2012. The case was however withdrawn in June last year, without the involvement of Mr Kipkorir.
“I, Diana Orago, the deputy registrar of the Environment and Land Court at Nairobi, do hereby certify that the Advocate/Client Bill of Costs dated 1st October, 2020 lodged by KTK Advocates for the Applicant, in this case, was taxed on 10th May, 2022, as between Advocate and Client Costs and allowed as against the Respondent in the sum of Kenya Shillings one billion, three hundred and thirty-eight million, eleven thousand five hundred and eighty-two and seventy-six cents (Ksh1,338,011,582.76) only,” the court said.
The County Government had told the court that KTK Advocates had an agreement with city hall to be paid Ksh400 million plus VAT. But Ms Orago rejected the claim, saying there was no proof that the amount had been agreed upon.
“It is moreover quite unfortunate that no proof has been tendered to this court to show that there existed a retainer agreement between the parties other than an unsigned letter allegedly from the applicant firm,” Ms Orago said.
Mr Kipkorir had asked for instructions fees of Ksh1.23 billion and Ksh410 million for ‘getting up fees’ or costs incurred for the preparation of the case.
Initially, Mr Kipkorir had asked to be paid a total of Ksh2.8 billion but the magistrate reduced the amount to Ksh1.338 billion.
The total amount awarded to Mr Kipkorir includes Ksh768 million as instruction fees, Ksh384.4 million ‘getting up fees’ at 75 percent of the instructions fees and a VAT of Ksh184.5 million, bringing the amount to Ksh1.338 billion.
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