Kimilili legislator’s assets attached after failing to pay law firm that successfully defended him in 2022 election petition
A helicopter and six luxury vehicles belonging to Kimilili Member of Parliament Didmus Barasa have been seized by court-appointed auctioneers over an unpaid legal debt of Sh4.4 million.
Betico Auctioneers attached the helicopter, valued at Sh2 million, and the vehicles worth between Sh500,000 and Sh1 million each, along with various household items to recover money owed to Nchogu Omwanza & Nyasimi Advocates.
The law firm represented Mr. Barasa in a 2022 election petition filed against him by lawyer Bryan Khaemba, which challenged his victory in the Kimilili constituency.
The firm successfully defended the MP, with the High Court in Bungoma dismissing the petition on November 22, 2022.
Court documents reveal that Mr. Barasa agreed to pay the law firm Sh5 million for their services.
However, he only paid Sh1 million upfront, leaving a balance of Sh4 million that has remained unpaid for over two years.
“We have proclaimed the judgment debtor’s movable properties and left them in their custody pending their action within seven days from the date hereof. After that, we will remove them to our yard for sale to recover the amount owed and our costs,” stated a notice from the auctioneers.
Lead counsel Omwanza Ombati said the firm made several attempts to collect the outstanding balance without success, forcing them to seek court intervention.
In his defense, Mr. Barasa argued that the advocates were not entitled to the full balance since the election petition did not proceed to a full trial but was struck out at the preliminary stage.
However, Justice Josephine Mong’are rejected this argument in a ruling delivered in December 2024, stating that legal fees become due and payable once a law firm agrees to represent a client and deploys its services, regardless of the case outcome.
“I find and hold that the balance of fees amounting to Sh4,000,000 is due and payable to the advocates as per the said advocate-client fee agreement,” Justice Mong’are ruled.
The judge characterized Mr. Barasa’s defense as “a sham and a mere denial that failed to raise any triable issues or valid challenge to the case.”
The law firm is now demanding Sh4.46 million, comprising the principal amount of Sh4 million plus interest of Sh466,410 that has accumulated over the two-year period.
The seized assets include luxury vehicles that could potentially cover the debt if sold at auction.
The helicopter, being the most valuable single asset, represents nearly half of the total amount owed.
This latest seizure adds to a series of financial disputes involving the controversial MP.
Public records show Mr. Barasa has faced multiple debt-related court cases in recent years, raising questions about his financial management.
The MP has been in the spotlight for various reasons, including previous court cases and investigations by the Ethics and Anti-Corruption Commission (EACC) over alleged extortion related to road tender awards.
The parties are expected to return to court next week for an update on the matter.
Mr. Barasa has seven days from the attachment notice to either settle the debt or risk having his assets sold at public auction.
Legal experts say the case sets an important precedent for professional service providers seeking to recover unpaid fees from high-profile clients.
It demonstrates that contractual agreements for legal services are enforceable regardless of the client’s status or the manner in which cases conclude.
The seizure notice allows Mr. Barasa to retain custody of the assets temporarily, but failure to respond within the stipulated timeframe will result in their removal to the auctioneer’s yard for public sale.
If sold, the proceeds will go toward settling the Sh4.4 million debt plus any additional costs incurred during the recovery process.
