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Lawyer Murgor wants ex-AG Githu locked out of Kenya Pipeline case

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Former Attorney- General Githu Muigai. FILE PHOTO | NMG

Lawyer Philip Murgor wants former Attorney-General Githu Muigai and his law firm barred from representing Kenya Pipeline Company (KPC) in a dispute over his legal fees.

In the application to be heard by the High Court tomorrow, Mr Murgor said while serving as the Attorney-General, Prof Muigai gave an advisory on the same matter.

Mr Murgor, through his law firm, represented KPC in a procurement case involving the company over the construction of the Mombasa-Nairobi pipeline in 2014.

He later filed a bill for his costs but KPC refused to pay him “reasonable amount”, forcing him to move to court.

When he filed the case, KPC appointed the firm of Mohammed Muigai, where Prof Muigai is a senior partner, on July 15 and on the same day, the company filed a reply.

The matter was set for hearing in September when Mr Murgor sought to cross-examine Stanley Manduku, who swore an affidavit on behalf of KPC.

The former DPP said he later discovered that the firm is conflicted because while serving as the Attorney General, Prof Muigai, being the principal legal adviser to the government, represented KPC in the same case.

He further said as the AG, Prof Muigai advised KPC that Sh5 million offered by KPC to Murgor & Murgor Advocates, was excessive. He then advised KPC to continue negotiating.

Mr Murgor added that Prof Muigai was also a member of the board of KPC and was actively involved in the appointment of his (Murgor’s) firm to act in the case.

“That in the foregoing, the former Attorney General, Prof Githu Muigai, SC, having provided substantive advice to the client/respondent on the issue of the advocate/applicant’s legal fees in his capacity as the then legal adviser to the Government of Kenya is a witness in the matter and as such, his representation of the client/respondent through the firm ought to be barred as it runs afoul of Rule 8 of the Advocates (Practice) Rules,” he said.