The High Court has ordered a city advocate Thomas Gichana Nyakambi of Thomas Gichana Nyakambi & Company Advocates to pay KSh62,913,530 to his former client, Simpson Senda Kwayera, after finding that he withheld funds received on behalf of the claimant from the Ministry of Tourism and Wildlife.
Justice Alexander Muteti ruled that Nyakambi, who was engaged to pursue settlement of a long-standing claim, breached his fiduciary duty by failing to remit the balance after deducting agreed legal fees. The case was filed by way of an Originating Summons in March 2023 through lawyer Edgar Busiega.
According to court documents, the Ministry had processed payments totaling KSh85.7 million following Parliamentary Accounts Committee (PAC) deliberations and Auditor General recommendations. Records showed the funds were remitted in July 2021 to the firm’s advocate-client account at Sidian Bank.
Kwayera, through his lawyers, told the court that while Nyakambi sporadically deposited small amounts to him, the bulk of the funds were never released. He alleged that the advocate instead diverted part of the money to third parties, including a business associate, without his consent.
In his defense, Nyakambi claimed the payments were disbursed in tranches with the knowledge of the applicant and facilitated by government officials. He argued that the applicant had authorized allocations to associates and that there was no decree backing the claim for the disputed KSh62 million.
The court, however, dismissed the lawyer’s explanation, finding that he had acted against the interest of his client. Justice Muteti emphasized that as a fiduciary, the advocate was bound to exercise honesty, transparency, and loyalty in handling client funds.
Citing Section 107 of the Evidence Act, the judge held that Nyakambi had failed to prove lawful disbursement of the disputed amount. “It is my view that a fiduciary duty existed in this case, and the defendant breached that duty by failing to account fully for the sums received,” he stated.
The court ordered the advocate to release KSh62,913,530 within seven days, together with costs of the suit.
