Lawyer Murgor seeks to quiz KPC official in Sh360m authorized charges row

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Lawyer Murgor seeks to quiz KPC official in Sh360m legal fees row

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Lawyer Murgor tries to question CCP officials on the Sh360m legal fee

Tuesday 24th November 2020

Senior Counsel Philip Murgor. FILE PHOTO | NMG

BDgeneric_logo BY SAM KIPLAGAT
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Summary

  • Six years ago, Senior Counsel Philip Murgor is fighting for a fee of Sh360 million to represent the company in a multi-billion dollar bidding process.
  • The parties had started negotiations, and the KPC even sought the opinion of then Attorney General Githu Muigai, who said the fee should not exceed Sh 5 million.

Senior Counsel Philip Murgor would like to interrogate an official from the Kenya Pipeline Company (KPC) who six years ago is fighting for a fee of Sh360 million for representing the company in a multi-billion shilling bidding process.

In 2014, Mr. Murgor represented KPC in one case before the Public Procurement and Administrative Review Board during the construction of the 450-kilometer pipeline worth Sh43 billion. He also represented the company in an appointment from Rich productions Ltd. before the high court.

Rich Productions wanted the bidding process to stop arguing that KPC was discriminating against some companies by locking them out, imposing onerous financial requirements and deviating from Interest of Interest (EOI) documents.

The case was then dismissed and the contract was awarded to a Lebanese company, Zakhem International Construction. CCP never paid Mr. Murgor any money, including tuition fees, photocopying fees, and court fees.

The parties had started negotiations, and the KPC even sought the opinion of then Attorney General Githu Muigai, who said the fee should not exceed Sh 5 million.

In the petition, Mr. Murgor wishes to be allowed to question Mr. Stanley Manduku, the company’s Chief Legal Officer, to prove his credibility as a witness.

He also wants to determine whether Mr. Manduku is attempting to defraud him as an attorney of his legal fees by allegedly misrepresenting a previously agreed settlement offer communicated by his superiors.

“To justify his motive for producing evidence on matters beyond his personal knowledge, when the officials and former officials involved are all available to swear affidavits,” he said.

He successfully defended the company and KPC refused to pay him a reasonable amount, forcing him to tax the bill in court.

In response, Mr. Manduku stated that there was no valid basis for the court to allow his cross-examination.

Mr Murgor said he received the legal mandate from then general manager Charles Tanui in the presence of legal advisor Gloria Khafafa on April 16, 2014.

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