Journalist sues lawyer for withholding Sh63m award

Advocate Thomas Gichana has been sued for illegally withholding Sh62.9 million belonging to a veteran journalist for over four years.

Documents filed before Milimani High Court by Simpson Senda Wa Kwayera, shows Maosa defrauded him the money and diverted it to his private account jointly owned by him and his second wife, a Tanzanian, Jane Betty Mwaiseje.

Kwayera says he had appointed Gichana to recover over Sh110 million for him from Ministry of Tourism after he won a lawsuit in July 2012 against the State.

The money was paid to Telenews Africa and Atlantic Region owned by Kwayera after he had rendered services to the government.

In an affidavit filed in court, Kwayera says Gichana collected the funds in three tranches at different intervals from the Ministry of Tourism and on each occasion he would call him and they would concur on the amount and account to which the funds would be disbursed to.

“The said payments came in piecemeal installments and as that happened interest at the rate of 26 per cent annum continued to accumulate on the balances,” Kwayera states.

He adds that from the first two tranches, Gichana took a lion’s share by retaining Sh50 million purportedly as his legal fees.

“These payments were made by the judgement debtor directly to his account at Standard Chartered Bank where Gichana held an Advocate -Client Account,” court papers states.

However, the last payment of Sh85.7 million that was paid on July 22, 2021 saw the lawyer change tact.

“He became increasingly cagey and elusive and most of the time he would not pick my calls. This was extremely frustrating since I was craving for information and conclusion of my payment that l had waited since 2004,” Kwayera says.

At one time, the complainant went to the bank with Gichana in company of his erstwhile lawyer Joseph Biwott and also a friend to confirm to the Standard Chartered Bank manager that he was expecting Sh 85.7 million from the Ministry of Tourism.

Kwayera says when they were in the process of drawing out the disbursement plan, the lawyer dramatically took off, saying he was taking a call.

Later, the journalist got information that Gichana had illegally transferred his funds from Sidian Bank, Kenyatta Avenue branch to standard Chartered where he wrote scores of cheques for his second wife, Mwaiseje, to withdraw cash several times per day exceeding the existing government cap of not drawing over one million shilling per day.

In the suit papers, Kwayera is asking the court to compel Gichana to pay his Sh62.9 million plus compounded interest and other punitive remedies the court may grant.