The family of the late former president Daniel Moi has been slapped with a Sh. 69 million bill by the Mutula Kilonzo Advocates.
The bill as been issued for legal representation that the law firm owned by Makueni Governor Mutula Kilonzo Jr and his sister Kethi Kilonzo provided the Moi family against a long legal battle with Royal Media Services owner SK. Macharia.
The mega bill has already been filed at the High Court for taxation. The Mutula Kilonzo Advocates firm has been representing the Moi family on legal matters for years. The firm’s founder, the late cabinet minister Mutula Kilonzo was Moi’s personal lawyer.
The firm is now registered under Mutula Jr and Kethi. The bill states that it has taken into consideration the value of the claim, the respondent’s interest in the suit and the time expended in defending the matter.
Documents provided in court to back up the bill show that the case started in 2003. This was after SK. Macharia went to court suing Moi, and Joseph Letting who was the former head kf public service and secretary to the cabinet, and several banks.
How part of late Moi’s wealth was divided among his children
Macharia accused the respondents of violating his human rights. He also cited unjust enrichment through economic duress. In the matter, an advocate from the Mutula Kilonzo Advocates appeared in court 21 times in the period between December 3, 2004 and November 28, 2022.
According to court documents, SK Macharia had allegedly borrowed a loan of Sh. 50 million from the three lenders in 1981. He borrowed the money through his company Madhupaper International and guaranteed the funds with all his assets.
Documents say that the funds were reportedly meant to start a plant for the manufacture of tissue paper from recycled waste paper.
Macharia, however defaulted on payments. His assets were placed under receivership in 1989 by the lenders who included KCB and Kenya National Capital Corporation. At the time, the loan allegedly stood at Sh. 54 million inclusive of interest. To salvage his property, Macharia went to court.
In January 2003, the High Court ruled in favour of Macharia. Judge Richard Kuloba ruled that Macharia’s lenders had “applied unconscionable pressure and economic duress on the tycoon and his company to overpay the loan by Sh. 56 million.”
This decision was however overturned in 2008 by the Court of Appeal. The court ruled that Macharia had not produced any evidence to show that he had been compelled to pay the money he paid.
Macharia then unsuccessfully tried to get redress from the Supreme Court, where he sought compensation to the tune of Sh. 2.4 billion. His petition was dismissed in 2013 by the Supreme Court.
