NLC ordered to pay Prof Ojienda's law firm Sh9m legal fees

The High Court in Eldoret has ordered the National Land Commission (NLC) to pay the law firm of Prof Tom Ojienda and Associates Sh9.3 million accrued legal fees after failing to compensate the firm for its services.

Justice Robert Wananda ruled in favor of the senior counsel, also Kisumu Senator, after finding that the commission had failed to pay the money as directed.

The NLC will also pay the senator’s law firm 14 percent interest accrued per year until the period when it completes paying the firm its dues.  

The court has further directed NLC to refund the law firm a sum of Sh468,700 being court fees that the firm incurred in obtaining the certificate of taxation.

Prof Ojienda, who is the Managing Partner in the law firm, claimed in his court papers that the commission had been served a court ruling directing it to pay his firm the said amount but ignored the same and made no attempt to settle the amount.

He said that the NLC had filed an appeal seeking to set aside the High Court’s decision but the appeal was struck out and the High Court’s orders upheld.

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The Senior counsel further stated that his firm extracted the Certificate of Taxation dated December 27, 2024, and had to pay a fee of Sh468,700.

Justice Wananda noted in his ruling that NLC failed to file its response or submissions to the application despite being given time by the court to do so.

He added that the commission did not deny having received the certificate of costs

“Since the respondent did not file any response to the application herein, the alleged date of service remains uncontroverted, and I have no reason to doubt the truth thereof. Since the applicant’s right to charge interest accrued upon lapse of one month after service, such interest is payable as from about February, 24, 2024,” the judge stated.

Justice Wananda held that the court had no option but to enter judgment since the certificate of taxation that was tabled by the law firm was neither set aside nor altered by any court.

“The authenticity or enforceability of costs relied herein and dated 27/12/202 has not been challenged. The retainer has also not been challenged. In the circumstances, I find that no ground has been presented to this court to justify refusal to grant the prayer for entry of judgment for the taxed amount,” the judge added.

The commission and the senator's law firm have been embroiled in a prolonged legal dispute over unpaid legal fees, which the NLC has previously delayed releasing after the firm represented NLC in various cases.

The latest ruling follows a December judgment in which the court ordered the NLC to pay Ojienda Ksh 29.5 million for his legal services in a case before the Environment and Labour Court and another Sh 9 million that the Millimani law court directed the commission to pay the senator in February.