Former chairman of the Independent Electoral and Boundaries Commission Issack Hassan on Thursday moved to court seeking to suspend disciplinary proceedings against him before the Law Society of Kenya’s disciplinary tribunal.
Through lawyer Chrysostom Akhaabi, Mr Hassan sued the LSK’s disciplinary tribunal over a complaint in which he is accused of being involved in fraudulent transactions. The complaint was filed against him five years ago.
Mr Hassan claims the delay in finalising the matter has created a false impression on his character with regards to professional misconduct.
He alleges that the matter has subjected him to prejudice since an online search in the LSK’s advocates portal shows that he has a pending professional misconduct disciplinary case.
“By reason of the pending complaint, I am forced to live with anxiety hanging over my head..,” says Mr Hassan.
“I am unable to associate as well as converse freely with my peers whilst this matter is glaring like a scar at a prominent part of my face.”
In the disputed disciplinary proceedings, Fred Athuok, a managing partner at Ibrahim, Isaack & Company Advocates, filed the complaint on August 26, 2013 against Mr Hassan and a Mr Sospeter Njoroge.
Mr Athuok had accused the duo of allegedly being involved in fraudulent transactions in conveyance transactions done by the said law firm.
According to Mr Athuok, some of their clients have been raising complaints many years later with regards to services rendered to them.
Mr Athuok had alleged that there were criminal investigations against the two as well as Justice Mohammed Ibrahim and a Ms Helen Ngare.
He accused them of covering up criminal investigations to shield their names at the expense of the law firm’s clientele.
He had also accused Mr Hassan and Mr Njoroge of withholding clients’ monies without any justifiable cause and colluding with auditors to falsify the firm’s accounts, among many other allegations.
In the complaint before the tribunal, Mr Athuok sought an order that the duo be removed from being signatories to all bank accounts held by that law firm and also asked to resign.
He also wanted them found guilty of professional misconduct and that they should be permanently struck off from the roll of advocates.
He further wanted them barred from being members of LSK and holding any public office.