, 13 tweets, 12 min read
STORY 1
WaKenya: if your lawyer violates attorney client privilege, say that you've been "ApolloMboya'd".

He was retained & paid by Mr. James Gitau to work on & file a JR application. Said funds were also applied to Petitions 6 & 59 on our behalf.

(thread)

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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 @KenyaPower board member, Adil Khawaja 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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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.



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.



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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Dear @mcywambua, CEO @lawsocietykenya: kindly be apprised of this thread and see how some of your members have gone rogue. Looking forward to your action.

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