Nairobi, Kenya – The High Court has ordered prominent city lawyer Thomas Gichana Nyakambi of Thomas Gichana Nyakambi & Company Advocates to immediately release KSh62 million to a client after finding he unlawfully withheld money received on their behalf from the Ministry of Tourism and Wildlife.
Justice Alexander Muteti, delivering the ruling, found that the advocate breached his fiduciary duty by failing to remit the balance of funds after deducting his agreed legal fees. The matter was filed in March 2023 through an Originating Summons.
Background of the Dispute
According to court records, the Ministry processed payments totaling KSh85.7 million in July 2021 following recommendations from the Parliamentary Accounts Committee (PAC) and the Auditor-General. The money was deposited into the law firm’s advocate–client account at Sidian Bank.
The claimant, Mr. Kwayera, accused Nyakambi of releasing only small amounts sporadically while retaining over KSh62 million. He alleged the lawyer even diverted part of the money to third parties, including business associates, without his consent.
Lawyer’s Defence
In his defence, Nyakambi argued that the funds were disbursed in tranches with the claimant’s knowledge, and that certain allocations had been authorized. He further claimed there was no valid decree supporting the demand for the disputed balance.
Court’s Findings
Justice Muteti rejected the lawyer’s explanation, stressing that as a fiduciary, Nyakambi was legally bound to act with honesty, transparency, and loyalty in handling client funds.
“The defendant failed to provide sufficient proof of lawful disbursement of the disputed amount. A fiduciary duty existed, and that duty was breached by failing to fully account for the sums received,” the judge ruled.
Orders of the Court
The High Court directed Nyakambi to:
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Release KSh62,913,530 to the claimant within seven days
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Pay the costs of the suit
The ruling reinforces Kenya’s judiciary’s stance on advocate accountability in financial disputes, especially in cases where lawyers are entrusted with client settlements.
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