Kenya Insights

Why You Need To Be Worried Before Engaging Lawyer Apollo Mboya Over Confidentiality Concerns

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Kenya West

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Thread by @JerotichSeii: “STORY 1 WaKenya: if your lawyer violates attorney client privilege, say that you’ve been “ApolloMboya’d”. He was retained & paid by Mr. […]” #SwitchOffKPLC

2. Extensive communications incl 30pgs of whatsapp msgs & 100s of emails describe the relationship between attorney & client.

Mboya also introduced Gitau to a Ms. Palmina (Paul Hastings – US Law Firm) admitting to significant assistance from him on Pets 6 & 59.

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3. The relationship turned a corner when Mboya – using privileged information from his client – started mtng with akina Keter & Oraro. Realizing that he’d hit pay dirt, he began to cut Gitau off by failing to communicate & file the JR.

Remember, he was his lawyer

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4. Eventually, Gitau had no option but to terminate their professional relationship & asked Mboya to apply the balance of funds in addition to the Sh10K for Pet 6 & Sh10K for Pet 59 already received.

ATTORNEY CLIENT PRIVILEGE must be maintained. Regardless.

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5. Mboya wooed the cartels by disclosing privileged info to leverage the alleged Sh75M that caused him to hastily settle Pets 6 & 59 outside of public interest.

So, we filed further affidavits for Pet 6 showing fraud, collusion & concealment of material facts.

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6. Mboya panicked. Big time. Cartels too because it placed @ketercharles & Oraro & Co (acting for @Dentons Hamilton Harrison & Matthews where a  @KenyaPower board member is a senior partner) front & centre in the collusion to sabotage public interest.

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7. Mboya disclosed at length, his former client’s information. He also – most shockingly – annexes the PROOF of his attorney client relationship with Gitau. Why didn’t he recuse himself?

He bitterly opposed the reopening of Petitions 6 & 59.

@lawsocietykenya?

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He bitterly opposed the reopening of Petitions 6 & 59.

@lawsocietykenya?

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8. Legally speaking, shouldn’t violation of attorney client privilege + fraud serve as strong enough grounds to set aside Pet 6 & 59 consent orders?

Oh, he also attacked the legality of Gitau’s & my commissioned affidavits.

We must cross examine Mboya & others.

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8. Legally speaking, shouldn’t violation of attorney client privilege + fraud serve as strong enough grounds to set aside Pet 6 & 59 consent orders?

Oh, he also attacked the legality of Gitau’s & my commissioned affidavits.

We must cross examine Mboya & others.

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9. Justice Makau already ruled against Petition 59.

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WAKENYA: today is budget day where Sh2.14T of OUR monies will be committed to energy cartels. PET 59 is about this.

Today Justice Makau ruled against us. Judiciary capture in action.

Art 50 isn’t an idle provision in the Constitution.

Next stop: Court of Appeal

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kenyalaw.org/caselaw/cases/….

Justice Makau invoked a court order in para 10 from 12 Jan ’18, yet Pet 59 was filed on 19 Feb ’18, 30+ days later. These were separate matters.

How now?

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10. The court order referenced by Mr. Ouma went missing from the file despite a formal complaint to the JSC. @dkmaraga.

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10. The court order referenced by Mr. Ouma went missing from the file despite a formal complaint to the JSC. @dkmaraga.

Unroll available on Thread Reader

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WaKenya: we anticipated correctly that the energy cartels will alter facts in court in order to defeat justice & indebt us forever. Here’s the substantive recording of the PET 59 hearing before Justice Makau on 24 April ’19.https://soundcloud.com/gitsonenergy/submissions-of-pet-59-2018 …

(long thread)

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The main thrust of Justice Makau’s ruling was based on concealment of material facts. Specifically JR324.

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11. In para 159 of JR324, Mboya is referenced. So are petitions 59 & 6 – yaani, no concealment.

Mboya did not proffer the court a similar courtesy. Instead, bitterly opposes reopening of pets 6 & 59 – using privileged info – to protect his handcheque + cartels.

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12. We were ApolloMboya’d badly (Sh10.1B+Sh2.14T).

Have your @KenyaPower bills gone down? We won’t relent until justice is served & petitions reopened.

41 judges are not being gazetted. Is the President afraid of an independent Court of Appeal? @StateHouseKenya

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