Vol. 10:- ACC Secretariat :- Ombudsman-Kisumu PDF-Attachment back to square-A ACC c/o OAG: GoK sadist, animist-witch, GLBTQ-Occultist ex-President Uhuru's and co. political-legal abuse endemic, systemic-and-systematic corruption continued sanctioned endless-persecution ( for purposes of shielding his criminal co-conspirators, accomplices and bosom-buddies from persecution ) to embezzle me my now 10yrs 2-months Kihara-Construction accident evidence-destruction / spoilation continuous-violations-of-the-law series-of-crimes 10m+ litigation damages case as Ombudsman-Kisumu finally replied on 25th July 2022 on a PDF-letter addressed way back on 28th April 2022 even before the Ombudsman-Nairobi contacted me on 23rd May 2022. I pray the divine-intervention of civil-society-groups / concerned authorities to fasttrack arrest-and-prosecution of the impunity for purposes of expediting payment of my risked damages as I wane in virility at 44yrs of imposed pauperism unable to date or marry. SOS.

                                                                 REPUBLIC OF KENYA 

                                                 OFFICE OF THE ATTORNEY-GENERAL 

                                                                              & 

                                                         DEPARTMENT OF JUSTICE

                               YOUR REF: TBA                                                     Date: 5/9/2022 

                               OUR REF: CC/PE/AUG/22/36 (6833) ERICK MANGO OTIENO   

Dear Sir / Madam,

                             I am trying to fast update this complaint before 4th October deadline which I pray you extend cause the conspirators have ganged-up against me and I gotta split the few coins I've been spared between food and these complaints. ( https://startrextraterrestrials.wordpress.com/2022/09/26/123-death-row-funeral-rituals-prayers-for-humanitarian-visa-asylum-protection-self-determination-and-rule-of-law-from-uhuru-raila-co-conspirators-and-their-jinn-theocracy-gok-sanctioned-politica/ )

Thank you in advance,

Yours Faithfully,

Erick Mango.

INTRODUCTION

                     My complaint's grounded in the tort of professional negligence-and-liability as concerns breach-of-duty and nuisance with regards to continuous-violations-of-the-law traffic-accident evidence-destruction / spoliation series-of-crimes political-legal abuses involving Owade & Co. Advocates in cahoots with Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) conjunctively with accomplices and co-conspirators including Migori Police Station Traffic Police and Kihara-Construction ; as cited in Per Anderson B in "Blyth v Birmingham Waterworks Co. 1865 "that the tort-of-Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do."

-Both Owade & Co. Advocates plus Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) commissions of the tort of professional negligence and liability is evident in their breach-of-duty of-care since their professional misconducts' aggravated, disciplinary-offences continuous-violations-of-the-law, series-of-crimes failed to meet the strict statutory-and-constitutional advocate-client provisions thresholds prerequisites set by law ( contrary to what a lawyer of repute would do ) ; and their consequential acts-and-omissions contrary to the Advocates Act Cap 16 and LSK Act Cap 18 which violated-and-infringed my constitutional rights and fundamental-freedoms ( as regards the Practice and Procedure Rules for enforcement of the Bill of Rights under Article 22(3) as read with Article 23 and Article 165 (3) (b) of the Constitution of Kenya concerning jurisdictions to enforce rights and fundamental freedoms that have been denied, violated, infringed or threatened ; aka Mutunga Rules intending to provide a framework which facilitates access to justice for all persons seeking to enforce such provisions ) prejudicing-my-case gave rise to liability in tort out of the losses I've incurred  due to their personal-faults are the sole effective cause of my injuries, harms and losses ; and for which I file claims for action for damages for breach-of-duty, professional-negligence and nuisance. 

-The consequences of their irrational, arbitrary decisions and unethical-conducts irrespective of due regard to the law arbitrarily with open bias unlawfully, intentionally and knowingly constitute professional-misconducts and criminal-conducts indicating they were undertaken with malice aforethought to subvert, obstruct and eventually defeat justice so as to shield accomplices and co-conspirators including to exonerate Kihara-Construction from liabilities and ensuing prosecution by deliberately abusing due process and power.

-They owed duty, obligation and integrity and professional legal standards to the client for which duties stem from statutes while obligations relate to general prudent conduct including honesty, integrity, defending the law and loyalty to its course, good faith and transparency;

-Another authority's Noel Cox in the 'The Enforcement of Professional Ethics-and-Standards in Kenya Legal Profession ' Paragraph 40  says : '' Consequently, to perform in the spirit of public service , a high ethical professional standard must be maintained within the rank-and-file of the profession... the lawyer must inter alia be of high integrity, probity, honesty and competent .... and must shun stuff that brings the profession into disrepute " ;

                     I thus urge the ACC-Secretariat c/o OAG being the principal regulator of the legal profession in Kenya in accordance with the edict in  Advocates Act Section 53 Cap 16, mandating it to protect the general public in matters touching to, incidental or ancillary to the law, to hence  exercise its powers under Section 57 & 60(1)(2)(3) with regards to investigating-and-prosecuting the adversely mentioned unscrupulous advocates' professional-misconducts including breach-of-duty, negligence and nuisance since they flouted-and-violated of mandatory procedure in statutory-and-constitutional guidelines choosing to rather engage in alien procedure that resulted in illegalities grounding my claims for violation-infringement of my fundamental rights ; as read together with the LSK Act Cap 18, Cap 15 & Article 59(4); and the provisions of the Rules of Court on the administration of the Evidence Act CAP 80 encompassing the rules and legal principles that govern the proof of facts in legal proceedings besides generally referring to that which is used to prove facts in issue or facts from which facts in issue may be deduced ; as read together with the Practice and Procedure Rules 2013 aka ("Mutunga Rules") of which the overriding scope-and-objective is to facilitate access to justice for all persons with regards to enforcement of the Bill of Rights under Article 22(3) as concerns the Protection of Rights and Fundamental Freedoms...  as read together with Article 23 and Article 165 (3) (b) of the Constitution of Kenya ; for which in this regard, sub rule 4 provides that the Court in exercise of its jurisdiction under the Mutunga Rules shall facilitate the just, expeditious, proportionate and affordable resolution of all cases ; and where-by furthermore, sub rule 7 states that the Court shall pursue access to justice for all persons including the poor, illiterate, uninformed, unrepresented, and persons with disabilities... as read together with Articles 47 on administrative-dysfunctions or impunity in the context of  administrative-action in Article 59(1) (h)(i)(k); to thus process this applications under a certificate of urgency and commence it thenceforth as I wither-and-wane in virility short of Uhuru's-and-Raila's death-threats criminal-conspiracies political-legal abuses which endlessly violate my fundamental rights and freedoms as provided-for in :

-Article 25 that: "Despite  any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited 

                 -(a) freedom from torture and cruel, inhuman or degrading treatment or punishment;

                 -(b) freedom from slavery or  servitude; 

                 -(c) the right to a fair trial; and 

                 -(d) the right to an order of habeas corpus ; 

-Article 27 that: 

                 -(1) Every  person is equal before the law and has the right to equal protection and equal benefit of the law. 

                 -(2) Equality includes the full and equal enjoyment  of all rights and fundamental freedoms. 

                 -(4) The State shall not discriminate directly or  indirectly against any person on any ground, including race, sex, pregnancy, marital status,                            health status, ethnic or social origin, color, age, disability, religion, conscience, belief, culture, dress, language or birth. 

                 -(5) A person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause                           (4):-Article 28 on Dignity that: Every person has inherent dignity and the  right  to have that dignity respected and protected. 

-Article 29 that: Every person has the right to freedom and security of  the person, which includes the right not to be :- 

                                                                         -(a) deprived of freedom arbitrarily or without  just cause; 

                                                                         -(b) detained  without trial, except during a  state of emergency, in which  case                                                                                                                                    the detention is subject  to Article 58;         

                                                                         -(c) subjected to  any form of violence from  either public or private  sources;                                                                                                                               -(d) subjected to  torture in any manner, whether physical or  psychological; 

                                                                         -(e) subjected to  corporal punishment; or 

                                                                         -(f)  treated or punished in a cruel, inhuman or degrading manner.

-Article 45 (2) that: Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties. 

-Article 48 that: The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede                                              access to justice. 

-Article 50 (1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public                                                    hearing before a court or, if appropriate, another independent and impartial tribunal or body.

                                Please consider this a rough-draft preliminary advanced copy of my response pending proper type-setting for a comprehensive submission because of computer technicalities and want of resources before the deadline of Sep 26th 2022 which kindly has been extended for 14 more days to thus, October 4th.

 On ISSUE No. 1 requesting I lodge two separate complaints 

With regards to the complaint I lodged via Help Form dated 18/8/2022, complaining against two different advocates as mentioned herein above,  I wish to submit that being an indigent as numerously presented in our previous correspondences my efforts to raise the requisite cash for printing at ( 10/- x 7 pages )x2=140/- ; scanning at ( 30/- x 7 )x2=420/- and processing to email to you at a total of between ( 660/- and 1000/- ) have been hampered cause of the vast vested interests regarding the pending due process facing the two culprit advocates and their co-conspirators including the adverserly mentioned immediate ex-President Uhuru and former Premier Raila... the reason it's taken me all this while up to close to the 21-days deadline to draft this reply and tell you of the status-quo while praying as submitted below citing :-

{ -(a.):-Article 159(2)(d) of the Constitution that establishes that administration of justice provides that:- "In exercising judicial authority, the courts and tribunals shall be guided by the following principles…justice shall be administered without undue regard to procedural technicalities." and as such Courts are guided and cautioned not to pay undue regard to procedural technicalities, since justice delayed is justice denied besides the fact that justice must not only be done but must be seen to be done in the public eye and therefore my aggravated cases in my broad lawsuit adding to backlog statistics with IPOA, ODPP and the CAJ / OJO due to political-legal abuses by the executive out of vested interests ( like has been noted with the several quashed Uhuru's illegal, unlawful Executive-Orders ) since Uhuru-and-Raila are adversely mentioned as chief-defendants needs to be determined as quickly as possible to deter execution of their death-threats and criminal-conspiracies. In addition, matters before Court require to be disposed of without delay so as to avoid congestion of the Court with several matters resulting in an enormous case backlog when matters can be disposed off; besides the Mutunga Rules in

-(b.):-The practice and procedure generally in regard to institution and prosecution of Constitutional matters is clearly guided by the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013, otherwise referred to as (Mutunga Rules); and as such as much as Constitutional Petitions are required to be instituted by way of Petitions, Rule 10 (3) of the Mutunga Rules, provides that subject to Rule 9 and 10, the Court may accept an oral application, a letter or any other informal document which discloses denial, violation, infringement or threat to right or fundamental freedom; and thus the Mutunga Rules are drawn in such a manner that allows accommodation of an application that is not brought to Court by way of a Petition and the Courts are under an obligation to accept even an oral application, a letter or any other informal documentation, which discloses a denial, violation, infringement or threat to a right or fundamental freedom ; as read together with Rule 4 (1) of the Mutunga Rules that states that where any right or fundamental freedom provided for in the Constitution is allegedly denied, violated, infringed or threatened, a person affected or likely to be affected may make an application to the High Court in accordance with these rules ; and the Criminal Procedure Code in as in

(c.):-Civil remedies can't bar the filing of criminal charges cause one set of facts can be the foundation of a criminal charge & the basis for a civil action as is expressly contemplated by Statute in Section 193A of the Criminal Procedure Code titled "Concurrent Criminal and Civil Proceedings" which states that: 'Notwithstanding the provisions of  any other written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially an issue in any pending civil proceedings and thus shall not be a ground for any stay, prohibition or delay of the criminal proceedings Subject to the Discovery-Rule as read together with the 'Limitation of Actions Act' Cap. 22 as regards events of 'continuous-violations-of-the-law' such as in my case, the Statute of Limitations provides for the last possible date a violation might have occurred meaning the first-crime wouldn't expire and the series-of- crimes therefore are charged as one crime with the Statute-of-Limitations beginning after the last crime has been committed }... 

                    Hence the cited authorities exempt bureaucratic technicalities such as in my case to allow me present the submissions substantiating my complaints pending printing-and-scanning of the HELP-Form at a later date which for purposes of authenticity I can assure you it's the same me as in the attached Identity Card 20656845 and the erstwhile signature in the first submitted HELP-Form, and that it ain't no bot; a fact your offices can verify by calling me at: +254723047869 or +254764087863.

                              

                                                                                 COMPLAINTS ON OWADE & CO. ADVOCATES

                                                                                                              

THE ADVOCATES COMPLAINTS COMMISSION

_________

                                             HELP FORM               

SUMMARY OF A COMPLAINT AGAINST AN ADVOCATE

(Please complete in Block/Capital letters)

Fill out all spaces on this form. When providing documents to the Advocates Complaints Commission, please send copies only. All documents received, whether originals or copies, become the property of the Commission and are subject to future destruction.

The Advocates Complaints Commission will review and evaluate your complaint to determine whether investigation and prosecution is appropriate. You will be notified of our decision in writing. Thank you for your cooperation.

Section One – Personal Details

1.     (a) Your full name: Surname: MANGO……………………………………………………..……..

First name: ERICK……………………………Other: OTIENO…………………...………………………

(b) Title (Please state if Mr/Mrs/Miss/Other) ………………..…………………………

(c) Personal identification (e.g. identity-card /passport/driving license) number…20656845…..……………………………………………………………………………….

2.    Your postal address P.O. BOX 1184-40400 SUNA, MIGORI……………………………………………………………..…………

3.    Physical address: ………….......         Town…MIGORI

……………………………………...….. County…MIGORI…..…………………..          

Sub-County.…SUNA EAST……………………..…………... 

Division…KAKRAO.……………………..         Location…UPPER KAKRAO…………………………..…..………

Sub location…CHAMKOMBE….……………...

4.    Your Telephone number(s):

Mobile…0723047863………………….…………….         Office…0764087863…………………………………. Home……………………………………

5.    Email address…ERICKMANGO2006@YAHOO.COM…………………………

6.    Are you making this complaint on behalf of another person such as a client or relative?   Yes   No

7.    If yes, please tell us :

(a)  Complainant's full name and postal address…………………………………….….

………………………………………………………………………………………………

(b) Reason for complaining on behalf of someone else ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

(c) Are you authorised to make this complaint on behalf of this person?

o   If yes please attach written authorization.

o   No, Seek written authorization.

________________________________________________________________________

 

Section 2 – The Advocate about Whom You Are Complaining

8.    The Advocate's Surname: …OWADE……………………………………………………………...

First name: …GILBERT…………………………………Other name: …OUMA…………………………..

(a)  The name of the Advocate's firm, if applicable

………OWADE & CO. ADVOCATES……………………………………………………………………………………….

(b) Number of advocates in the law firm   Sole Practitioner    2-10    Above 11    Unknown

(c)  Advocate's Postal Address P.O. BOX 1119…………………… Postcode: …40400…………..……………

(d) Town …MIGORI……………………

(e)  Advocate's Physical Address: Building…COSADE BUILDING, OPP. STADIUM, GROUND FLOOR, LEFT WING

…………………………………..…………

Street…LAW COURTS ROAD……………………………….Town …MIGORI………………………………………

(f)   Telephone numbers: Office…+254-5920231…………………..…Mobile…0733615017…….…………………

(g)  Email address………………………………………..

 

9.    Describe your relationship to the advocate who is the subject of your complaint:

  I am a client               I am an opposing advocate

  I am a former client                               other…………………………………………..

  I am an opposing party

10.  If you are a client state;

Date of first contact with advocate....JUNE 2012......................................................................

Date of last contact with advocate......JANUARY 11, 2016.....................................................................

11.   If the advocate you are complaining about is acting for you, please answer these questions:

(a)  Have you already raised your complaint in writing either with the advocate himself or a senior partner in the law firm?

  Yes  No

(i)           If so, who? ..............................................................................................

(ii)          If yes, enclose copies of all relevant correspondence:    Enclosed   Not Enclosed

(iii) If no, please briefly advise why you have not raised the matter in writing…OUR MEETINGS WERE IN PERSON IN HIS MIGORI-TOWN VICINITY OFFICES WHERE OWADE TORE THE CONTRACT AND SAID HE WONT ACT FOR ME ANYMORE CAUSE THE CASE "HAD HIT A SNAG"……………………………...………………….……………………..

(iv)        What is the advocate's file reference number? ..P. NO. LSK/2022/02428......AND/OR  P.105/3978/99..................................

(b) When did you first raise your complaint with your advocate(s)…..JAN 2014…………………………………………………………………………

(c)  Have the advocates told you they will no longer act for you?   Yes   No

(d) When was the last time you were in contact with the advocate and what occurred at that time…JANUARY 11, 2016 IN HIS OFFICES WHERE OWADE HIMSELF IN THE COMPANY OF HIS EMPLOYEES TORE THE CONTRACT-FORM AND DEMANDED KSH.1500 FOR THE POLICE P3-AND-ABSTRACT AND KSH. 3000 FOR THE AKIDIVA MEMORIAL HOSPITAL TREATMENT NOTES / MEDICAL EXAM REPORT THOUGH OUT OF SPOLIATION-OF-EVIDENCE HE REFUSED WITH THE MIGORI COUNTY REFERRAL HOSPITAL X-RAY CLAIMING FRAUDULENTLY HE'D MISPLACED IT... YET HE GOES AHEAD TO WONNA COERCE ME INTO SIGNING AN AFFIDAVIT THAT HE'D HANDED ME ALL MY KIHARA-CONSTRUCTION KAS 535K ACCIDENT CASE-FILE PARTICULARS. OF COURSE I DIDN'T SIGN THE FRAUDULENT AFFIDAVIT!

………………………………………………………………..

………………………………………………………………………......…………………………………………………………………………………………......………………………………………………………………………………………………………..

(e)  If finalised, have you received a fee note/invoice/bill of costs?    Yes   No (Attach copy if available)

(f)   Did you have a written fee agreement duly executed between you and your advocate(s) :   Yes  No (Attach copy of the agreement)

(g)  If there was no written fee agreement, please explain your understanding regarding payment to your advocate of fees, expenses, costs, etc.…MY UNDERSTANDING IS THAT IN PERSONAL-INJURY CASES / ACTIONS AN ADVOCATE'S LEGAL-SERVICE FEES ARE PAID AS A PERCENTAGE OF THE CLIENT'S MONETARY DAMAGES AWARD AFTER THE LAWYER WINS OR SETTLES THE CASE. OWADE WAS ON THE TRAJECTORY OF THE SAME THOUGH HE RENEGED HALF-WAY TEARING THE AGREEMENT-FORM CITING MIGORI-POLICE-STATION TRAFFIC DEPARTMENT FRUSTRATIONS TO IMPOUND KAS 535K AND THUS CONCLUDING INCOMPETENTLY AND/OR CORRUPTLY THAT THE CASE HAD HIT A SNAG……………………………………………………………………………………………………....................................................................................................

……………………………………………………………………………………..…………………………………………………………………….………………….…………………………………………………………………………………………......……

(h) Have you paid any fee to your advocate(s):   Yes  No

(i)           If so, how much have you paid? .............................................................

(ii)          Were you issued with receipts?  Yes   No (Please attach copy of receipts)

(i)   Has the advocate taken you to court for unpaid legal fees?  Yes  No  I do not know

If yes, when did the advocate commence the legal proceedings? .........................

Please note, generally the ACC cannot handle a complaint if the advocate has commenced legal proceedings to recover the unpaid costs.

12.  Have you instructed a new advocate to act for you in the same matter?  Yes  No

If yes, please give brief particulars of your new advocate(s) as we may need to contact him/them, at no charge to you:

(a)  Surname: ……………………………….Middle name………………………….……

Other name …………………………….

(b) The name of the new advocate's law firm: ………………………………………….

(c)  The new advocates contacts:

(i) Postal Address…………………………Postcode………………………………….

(ii) Physical Address:

Building…………………………………… Street……………………………………… Town…………….………………………

(iii)        Telephone number:

Office .……………………………

Mobile……………………….……

(iv)        Email address……………………..

13.   When did you instruct your new advocate(s)…………………………………………..

 

14.  Can we contact your new advocate(s) to discuss your complaint?    Yes  No

________________________________________________________________________

 

Section Three – The Kind of Work Involved

(You must complete this section)

 

15.  (a) Briefly state what kind of legal work you instructed your advocate(s) to do: …TO DISCHARGE HIS CONSTITUTIONAL-AND-STATUTORY MANDATED PROFESSIONAL DUTIES AND THUS UNDERTAKE TO PROSECUTE MY NOW KIHARA-CONSTRUCTION EVIDENCE-DESTRUCTION / SPOLIATION ACCIDENT CASE TO ITS LOGICAL CONCLUSION…INCLUDING IMPOUNDING THE KAS 535K MITSUBISHI CANTER…AS WELL AS ARRESTING THE DRIVER FOR VIOLATING THE TRAFFIC ACT CAP 403 SECTIONS 42, 47, 73. 55(1) AS READ TOGETHER WITH THE TRAFFIC AMENDMENT ACT NO. 2 SECTIONS 43 AND 58(1) ; AND ALSO TO PROCESS MY ACTUAL, PUNITIVE AND SPECIAL DAMAGES ACCRUING FROM THE PERSONAL-INJURIES AND LOSSES SUSTAINED  THEREOF…ACCORDINGLY WITH THE MOTOR VEHICLE 3RD PARTY RISK INSURANCE ACT CAP 405 AS READ TOGETHER WITH THE EVIDENCE ACT CAP 80 SECTION 134

.……………………………………………………………………..…………..

.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

(b) What is the status of the legal work done so far?

.....THE UNSCRUPULOUS...OWADE & CO. ADVOCATES' PROFESSIONAL MISCONDUCT'S BREACH-OF-DUTY OBSTRUCTED THE COURSE-OF-LAW AND DEFEATED-JUSTICE AS INTENDED IN MALICE AFORETHOUGHT SINCE EVEN AFTER HIS FRUSTRATIONS CONSTRAINED ME TO  TO SUBSEQUENTLY SEEK LEGAL-REMEDIES ELSEWHERE STARTING WITH THE MIGORI-JUDICIARY AS WAS FORMERLY ADVICED BY EX-CJ MUTUNGA IN THE "JUDICIARY MARCHES WEEK"... TO THE ADVOCATES-COMPLAINTS-COMMISSION C/O THE OAG, TO IPOA, AND TO THE ODPP AND UP TO THE CAJ / OJO, AND NOW BACK-TO-SQUARE-A OF THE ACC C/O OAG....IT'S BEEN MARRED WITH POLITICAL-LEGAL ABUSE....PREJUDICIAL-DELAYS DESIGNED TO EXONERATE THE ACCIDENT CRIMINAL KIHARA-CONSTRUCTION FOR PURPOSES OF SABOTAGING MY BROADER INTERCONNECTED LAWSUIT...AND SHIELD THE IMMEDIATE EX-PRESIENT UHURU, FORMER PREMIER RAILA, THEIR CO-CONSPIRATORS, ACCOMPLICES AND BOSOM-BUDDIES FROM PROSECUTION...............................................................................................................

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

(c)  If a suit has been filed, please give particulars of the suit, including suit number, the court, parties involved, the stage it has reached etc. Also attach copies of any relevant court documents in your possession

…...…………………………………………………………………………………….......

.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

          __________________________________________________________________

Section Four – Further Information about the Work Involved

16.  The name of the deceased? ......................................................................................

17.  Date of death…………………..…………………………………………………………...

18.  The name(s) and address (es) of those dealing with the deceased's affairs (i.e. executor, administrators)………………………………………………………………….

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

19.  Are you a beneficiary of the estate   Yes   No

20. Names and addresses of other beneficiaries ………………………………………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

21.  If the matter relates to a road accident, the following questions must be answered in full. Attach photocopy of police abstract:

(a)  Name(s) and address (es) of the person(s) injured or killed

…ERICK OTIENO MANGO……………………………………………………………………………………………

…P.O. BOX 1184-40400, SUNA, MIGORI

.……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

(b) Names and address (es) of insured/defendant, if any

……KIHARA WAWERU CONSTRUCTION…………………………………………………………………………………………

.......P.O. BOX 294, NAIROBI

.......FOR THE MITSUBISHI FH CANTER VEHICLE.....KAS 535K.

.......................................................................................................................................................................................................................................................................................................................................................

(c)  Name and address (es) of insurer(s)

AMACO INSURANCE COMPANY………………………………………………………………………………

TRANSNATIONAL PLAZA, 2ND FLOOR, MAMA NGINA STREET

P.O. BOX 61599-00200………………………………………………………………………………

NAIROBI, KENYA

…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

(d) Insurance policy number…AM5/080/0712121/2010/05……………………………………………….…………..

(e)  Insurance claim number……………………….……….………………………………

(f)   Amount of compensation awarded/settlement: Kshs…………………………...…..

(g)  Amount paid to you or beneficiary: Kshs…………………………………………….

NOTE: Please attach copies of all the relevant documents to support your complaint and a list of these documents.

(1.):- MIGORI POLICE STATION P3 FOR KAS 535K OF OB28/14/062012 AND OB12/17/09/2012 ;

(2.):- MIGORI POLICE STATION HALF-FILLED ABSTRACT BY OWADE ADVOCATES OF 21 SEPTEMBER 2012 ;

(3.):- IPOA PDF ON MIGORI POLICE STATION COMPLAINTS FEEDBACK ; AND

(4.):- WET PRINT-DRAFT THAT FELL ON WATER AFTER FURIOUS, CORRUPT OCS TORE THE ORIGINAL                        P3 ON 17TH DECEMBER 2019._________________________________________________________________

Section Five – What exactly is Your Complaint?

22. Please say briefly what you are dissatisfied with and why, and/or what you think the advocate did wrong or what he failed to do…-I AM GRIEVOUSLY HARMED BY UNSCRUPULOUS OWADE & CO. ADVOCATES INCLUDING HIS EMPLOYEES FOR THEIR CONTINUOUS-VIOLATIONS-OF-THE-LAW PROFESSIONAL-MISCONDUCTS' AGGRAVATED-DISCIPLINARY-OFFENCES... SERIES-OF-CRIMES VIOLATING CONSTITUTIONAL-AND-STATUTORY ADVOCATE-CLIENT PROVISIONS UNREASONABLY, DISGRACEFULLY AND CORRUPTLY IN FAILING TO HONOUR HIS PROFESSIONAL UNDERTAKINGS MANDATE / OBLIGATION DUTIES CONTRARY TO THE ADVOCATES ACT CAP 16, LSK ACT CAP 18 SECTIONS 4 AND 5... AND THE ADVOCATES-CODE-OF-STANDARDS-OF-PROFESSIONAL-PRACTICES-AND-ETHICAL-CONDUCT AS READ TOGETHER WITH CAP 63 OF THE PENAL CODE SECTIONS 116, 117, 175(1),(2) ; 268(1),275, 391, 392, 317, 224, 393, 394, 395, 396, 397 ; 31, 32, ; 127. 128, 128A, 130 ; 20(1), 21, WHICH COST ME HARM, INJURY, DAMAGES AND LOSSES SINCE THEY BREACHED-DUTY OUT OF INCOMPETENCY AND/OR INHERENT CORRUPTION AND DIDN'T TAKE THE ACCIDENT CASE. TO TERM.

   -OWADE & CO. ADVOCATES IS PERSONALLY LIABLE FOR THE TORTS IN BREACH-OF-DUTY, NEGLIGENCE AND NUISANCE AS RELATES TO THE MITIGATION-OF-LOSS, LOSS-OF-BARGAIN PLUS WASTAGE-OF-EXPENDITURE WITH REGARDS TO PERSONAL-INJURY INCLUDING EMOTIONAL-DISTRESS, PAIN AND SUFFERING.

    -THE POLITICAL-LEGAL ABUSE WAS QUOTED BY THE ODPP-MIGORI CITING FORMERLY ICC-INDICTED EX-PRESIDENT UHURU'S REFUSAL TO COOPERATE WITH THE ICC IN HANDING-OVER / RELEASING THE CRUCIAL, INCRIMINATING EVIDENCES OF PHONE-TRANSCRIPTS AND FINANCIAL-RECORDS ; BESIDES THE DEMONSTRATED EVIDENCE  IN THE USA SANCTIONING EX-AG AMOS WAKO, HIS WIFE AND SON FOR CUSTOMARILY SHIELDING THE EXECUTIVE FROM PROSECUTION.

...................................................

.………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

 

________________________________________________________________________

 

Section Six – Setting Your Complaint

 

23. Please say what you would like done to put things right;

 Have my documents/file returned to me

If so, please specify the documents you want returned

(1.):- MIGORI COUNTY REFERRAL HOSPITAL X-RAY OF THE FRACTURED ACCIDENT ARM

(2.):- AKIDIVA MEMORIAL HOSPITAL TREATMENT NOTES / MEDICAL EXAMINATION REPORT

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

   Improve my communication with the advocate

      Improve the service provided with the advocate 

      Receive an apology

      Resolve my dispute about fees

      Resolve my dispute with the advocate

Other:- 

{1.}:- PROSECUTE OWADE & CO. ADVOCATES INCLUDING HIS EMPLOYEES AS CITED IN THE COMPLAINTS FOR THE VIOLATED STATUTES-AND-ARTICLES PLUS MY FUNDAMENTAL RIGHTS ACCORDINGLY WITH ARTICLE 50 OF THE ADVOCATES ACT SECTION 31, 57(1),(2),(3),(4). 60(4)(A),(B0,(C),(D),(E), 77.

{2.}:- PROSECUTE MY KIHARA-CONSTRUCTION ACCIDENT EVIDENCE-DESTRUTION / SPOLIATION CASE TO ITS LOGICAL CONCLUSION AND RECOVER MY ACTUAL, GENERAL, SPECIAL AND PUNITIVE DAMAGES…INCLUDING FOR HIS PROFESSINAL-NEGLIGENCE, BREACH-OF-DUTY, NUINSANCE, LOSS-F-BARGAIN, LOS-OF-MITIGATION, WASTAGE-OF-EXPENDITURE ACCORDING TO ARCTICLE 159(2)(D) AS READ TOGETHER WITH ARTICLES 85(1), 57(1-4), 60(4)(A-E), 61…………………………………………….………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

DECLARATION: I declare that the information I have provided above is true and accurate to the best of my knowledge. I understand that all information that I submit can be disclosed to the advocate.

 

Signed…ERICK OTIENO MANGO

Date…20TH SEPTEMBER 2022…………………………………………..      

 

Send the completed form together with photocopied attachments to;

The Secretary

The Advocates Complaints Commission

Cooperative Bank House, 20^th Floor

Haile Selassie Avenue.

P O Box 48048 – 00100, Nairobi

Tel. +254-20-2224029

Email: acc@ag.go.ke

                                            

     COMPLAINTS ON MUDEYI OKUMU & COMPANY ADVOCATES ( AKA KERARIO MARWA & COMPANY ADVOCATES )

           

                                                                                                            

THE ADVOCATES COMPLAINTS COMMISSION

_________

                                                            HELP FORM               

SUMMARY OF A COMPLAINT AGAINST AN ADVOCATE

(Please complete in Block/Capital letters)

Fill out all spaces on this form. When providing documents to the Advocates Complaints Commission, please send copies only. All documents received, whether originals or copies, become the property of the Commission and are subject to future destruction.

The Advocates Complaints Commission will review and evaluate your complaint to determine whether investigation and prosecution is appropriate. You will be notified of our decision in writing. Thank you for your cooperation.

Section One – Personal Details

1.     (a) Your full name: Surname: …MANGO…………………………………………………..……..

First name: …ERICK…………………………Other: …OTIENO………………...………………………

(b) Title (Please state if Mr/Mrs/Miss/Other) …MR……………..…………………………

(c) Personal identification (e.g. identity card/passport/driving licence) number…….20656845

.……………………………………………………………………………….

2.    Your postal address …P.O. BOX 1184-40400 SUNA, MIGORI…………………………………………………………..…………

3.    Physical address: ………….......         Town…MIGORI……………………………………...….. 

County…MIGORI…..…………………..          

Sub-County.…SUNA EAST……………………..…………... Division…KAKRAO.……………………..         

Location…UPPER KAKRAO…………………………..…..………

Sub location…CHAMKOMBE….……………...

4.    Your Telephone number(s):

Mobile…0723047863………………….…………….         Office…0764087863…………………………………. Home……………………………………

5.    Email address…ERICKMANGO2006@YAHOO.COM…………………………

6.    Are you making this complaint on behalf of another person such as a client or relative?    Yes   No

7.    If yes, please tell us :

(a)  Complainant's full name and postal address…………………………………….….

………………………………………………………………………………………………

(b) Reason for complaining on behalf of someone else ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

(c) Are you authorised to make this complaint on behalf of this person?

o   If yes please attach written authorization.

o   No, Seek written authorization.

________________________________________________________________________

 

Section 2 – The Advocate about Whom You Are Complaining

8.    The Advocate's Surname: …MUDEYI……………………………………………………………...

First name: …ALBERT…………………………………Other name: …OKUMU…………………………..

(a)  The name of the Advocate's firm, if applicable

……… MUDEYI OKUMU & COMPANY ADVOCATES ( AKA KERARIO MARWA & COMPANY ADVOCATES )

……………………………………………………………………………………….

(b) Number of advocates in the law firm   Sole Practitioner    2-10    Above 11    Unknown

(c)  Advocate's Postal Address P.O. BOX 468, MIGORI…………………… Postcode: …40400…………..……………

(d) Town …MIGORI……………………

(e)  Advocate's Physical Address: Building…STEDDY HOUSE,…GROUND FLOOR………………………………..…………

Street…GILLY HOTEL ROAD……………………………….Town …MIGORI………………………………………

(f)   Telephone numbers: Office……………………..…Mobile…0722433266…….…………………

(g)  Email address………………………………………..

 

9.    Describe your relationship to the advocate who is the subject of your complaint:

  I am a client                                 I am an opposing advocate

  I am a former client                               other…………………………………………..

 I am an opposing party

10.  If you are a client state;

Date of first contact with advocate....DECEMBER 2015......................................................................

Date of last contact with advocate.....JUNE 2016......................................................................

11.   If the advocate you are complaining about is acting for you, please answer these questions:

(a)  Have you already raised your complaint in writing either with the advocate himself or a senior partner in the law firm?

  Yes  No

(i)           If so, who? ..............................................................................................

(ii)          If yes, enclose copies of all relevant correspondence:    Enclosed   Not Enclosed

(iii)        If no, please briefly advise why you have not raised the matter in writing………………………………...………………….……………………..

(iv)        What is the advocate's file reference number? ...P.NO. LSK/2022/06005.....AND/OR  P.105/3687/98

..................................

(b) When did you first raise your complaint with your advocate(s)…..…………………………………………………………………………

(c)  Have the advocates told you they will no longer act for you?   Yes   No

(d) When was the last time you were in contact with the advocate and what occurred at that time…………………………………………………………………..

………………………………………………………………………......…………………………………………………………………………………………......………………………………………………………………………………………………………..

(e)  If finalised, have you received a fee note/invoice/bill of costs?    Yes   No (Attach copy if available)

(f)   Did you have a written fee agreement duly executed between you and your advocate(s) :   Yes   No (Attach copy of the agreement)

(g)  If there was no written fee agreement, please explain your understanding regarding payment to your advocate of fees, expenses, costs, etc.………………………………………………………………………………………………………....................................................................................................

……………………………………………………………………………………..…………………………………………………………………….………………….…………………………………………………………………………………………......……

(h) Have you paid any fee to your advocate(s):   Yes  No

(i)           If so, how much have you paid? .............................................................

(ii)          Were you issued with receipts?   Yes   No (Please attach copy of receipts)

(i)   Has the advocate taken you to court for unpaid legal fees?  Yes  No  I do not know

If yes, when did the advocate commence the legal proceedings? .........................

Please note, generally the ACC cannot handle a complaint if the advocate has commenced legal proceedings to recover the unpaid costs.

12.  Have you instructed a new advocate to act for you in the same matter?   Yes  No

If yes, please give brief particulars of your new advocate(s) as we may need to contact him/them, at no charge to you:

(a)  Surname: ……………………………….Middle name………………………….……

Other name …………………………….

(b) The name of the new advocate's law firm: ………………………………………….

(c)  The new advocates contacts:

(i) Postal Address…………………………Postcode………………………………….

(ii) Physical Address:

Building…………………………………… Street……………………………………… Town…………….………………………

(iii)        Telephone number:

Office .……………………………

Mobile……………………….……

(iv)        Email address……………………..

13.   When did you instruct your new advocate(s)…………………………………………..

 

14.  Can we contact your new advocate(s) to discuss your complaint?    Yes   No

________________________________________________________________________

 

Section Three – The Kind of Work Involved

(You must complete this section)

 

15.  (a) Briefly state what kind of legal work you instructed your advocate(s) to do: ……TO DISCHARGE HIS CONSTITUTIONAL-AND-STATUTORY MANDATED PROFESSIONAL DUTIES AND THUS UNDERTAKE TO PROSECUTE MY NOW KIHARA-CONSTRUCTION EVIDENCE-DESTRUCTION / SPOLIATION ACCIDENT CASE TO ITS LOGICAL CONCLUSION…INCLUDING IMPOUNDING THE KAS 535K MITSUBISHI CANTER…AS WELL AS ARRESTING THE DRIVER FOR VIOLATING THE TRAFFIC ACT CAP 403 SECTIONS 42, 47, 73. 55(1) AS READ TOGETHER WITH THE TRAFFIC AMENDMENT ACT NO. 2 SECTIONS 43 AND 58(1) ; AND ALSO TO PROCESS MY ACTUAL, PUNITIVE AND SPECIAL DAMAGES ACCRUING FROM THE PERSONAL-INJURIES AND LOSSES SUSTAINED  THEREOF…ACCORDINGLY WITH THE MOTOR VEHICLE 3RD PARTY RISK INSURANCE ACT CAP 405 AS READ TOGETHER WITH THE EVIDENCE ACT CAP 80 SECTION 134……………………………………………………………………………..…………..

.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

(b) What is the status of the legal work done so far?

..............................................................................................................................

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

(c)  If a suit has been filed, please give particulars of the suit, including suit number, the court, parties involved, the stage it has reached etc. Also attach copies of any relevant court documents in your possession

…...…………………………………………………………………………………….......

.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

          __________________________________________________________________

Section Four – Further Information about the Work Involved

16.  The name of the deceased? ......................................................................................

17.  Date of death…………………..…………………………………………………………...

18.  The name(s) and address (es) of those dealing with the deceased's affairs (i.e. executor, administrators)………………………………………………………………….

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

19.  Are you a beneficiary of the estate   Yes  No

20. Names and addresses of other beneficiaries ………………………………………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….

21.  If the matter relates to a road accident, the following questions must be answered in full. Attach photocopy of police abstract:

(a)  Name(s) and address (es) of the person(s) injured or killed

…ERICK OTIENO MANGO……………………………………………………………………………………………

…P.O. BOX 1184-40400, SUNA, MIGORI……………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

(b) Names and address (es) of insured/defendant, if any

………KIHARA WAWERU CONSTRUCTION…………………………………………………………………………………………

......  .P.O. BOX 294, NAIROBI

......  .FOR THE MITSUBISHI FH CANTER VEHICLE.....KAS 535K.………………………………………………………………………………………

............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

(c)  Name and address (es) of insurer(s)

…… AMACO INSURANCE COMPANY………………………………………………………………………………

      TRANSNATIONAL PLAZA, 2ND FLOOR, MAMA NGINA STREET

      P.O. BOX 61599-00200………………………………………………………………………………

      NAIROBI, KENYA

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

(d) Insurance policy number…AM5/080/0712121/2010/05……………………………………………….…………..

(e)  Insurance claim number……………………….……….………………………………

(f)   Amount of compensation awarded/settlement: Kshs…………………………...…..

(g)  Amount paid to you or beneficiary: Kshs…………………………………………….

NOTE: Please attach copies of all the relevant documents to support your complaint and a list of these documents.

(1.):-MIGORI POLICE STATION FULLY-PROCESSED ABSTRACT BY MUDEYI OKUMU & COMPANY ADVOCATES ( AKA          KERARIO MARWA & COMPANY ADVOCATES ) OF 27TH APRIL 2016 BEFORE BREACHING DUTY AND                    DEFECTING BACK TO OWADE STATUS-QUO IN SOLIDARITY

(2.):-MUDEYI OKUMU & COMPANY ADVOCATES ( AKA KERARIO MARWA & COMPANY ADVOCATES ) SPRING-FILE       OPENING-CASE-FILE THAT HE CHARGED ME KSH 100____________________________________________________________________

Section Five – What exactly is Your Complaint?

22. Please say briefly what you are dissatisfied with and why, and/or what you think the advocate did wrong or what he failed to do….......................................................

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

 

________________________________________________________________________

 

Section Six – Setting Your Complaint

 

23. Please say what you would like done to put things right;

     Have my documents/file returned to me

If so, please specify the documents you want returned

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

   Improve my communication with the advocate

   Improve the service provided with the advocate 

   Receive an apology

   Resolve my dispute about fees

   Resolve my dispute with the advocate

Other……………………………………………….………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

DECLARATION: I declare that the information I have provided above is true and accurate to the best of my knowledge. I understand that all information that I submit can be disclosed to the advocate.

 

Signed…………………………………… Date……………………………………………..      

 

Send the completed form together with photocopied attachments to;

The Secretary

The Advocates Complaints Commission

Cooperative Bank House, 20^th Floor

Haile Selassie Avenue.

P O Box 48048 – 00100, Nairobi

Tel. +254-20-2224029

Email: acc@ag.go.ke

On ISSUE No. 2 of availing proof of payment of the legal fees to the advocate(s)

                I submit first and foremost that it's an abuse of the court process to ask for proof of payment of legal-fees since such a transaction's based on or assumes basis on the requisite Advocates Remuneration Order whose provisions the unscrupulous Owade & Co. Advocates had in the first instance knowingly, intentionally, deliberately, unlawfully and illegally ignored-and-omitted in his professional misconduct endeavors. The ACC-Secretariat c/o OAG can't therefore allow misconceptionally for the accused culprit advocates to maintain proceedings whose objective defectively avoids or circumvents unprofessional, fraudulent, deficient agreements in order to exonerate themselves from any binding liabilities as per Sec 45(1) of the Advocates Act which allows advocates and their clients to enter into agreements with respect to the advocate's remuneration.

-It goes against public policy that prohibits a party from benefiting from an illegality that they were a party to as is demonstrated when D. Njogu & Company Advocates appealed such a decision, whereby the Court of Appeal reiterated that it is an abuse of court process for the advocate to seek the Court's intervention in basing its fees on the Advocates Remuneration Order whose provisions he had in the first instance deliberately ignored. The Court will not allow the advocate to maintain proceedings whose objective is to avoid the illegal agreement in order to tax his advocate / client bill of costs (Njogu & Company Advocates v National Bank of Kenya Limited [2016] eKLR).

-Furthermore, It is the practice to allow attorney's fees and expenses only where provided by statute or where uniform course of procedure has been to allow such recovery. Blacker v. Kitchen Bros. Hotel Co., 133 Neb. 66, 273 N.W. 836 (1937). 3.  In order to receive an attorney fee under this section, it is necessary to plead and prove all the conditions precedent enumerated in the statute. Guaranteed Foods v. Rison, 207 Neb. 400, 299 N.W.2d 507 (1980). Where the request for attorney's fees failed to show compliance with this section or Rule 8 b 3 of Rules of the Supreme Court, 1974, it was disallowed. Edward Frank Rozman Co. v. Keillor, 195 Neb. 587, 239 N.W.2d 779 (1976).

 ( 

https://www.law.cornell.edu 

} 

-Secondly, a fee agreement or representation agreement is a contract that binds both client and the lawyer and sets out the fees, as well as the terms of the lawyer-client relationship. Fees are commonly structured in one of three ways:-  (1.):- you either pay by the hour, 

                                                                                                                                                     (2.):- pay a flat fee, or 

                                                                                                                                                     (3.):- give the lawyer a percentage of whatever you win in a                                                                                                                                                                      lawsuit. 

-If the lawyer's office uses legal assistants ( trained non-lawyers who are sometimes called paralegals ), you should be charged less for their time. 

-For matters that are essentially routine like personal-injury cases, Contingency fees come-in-handy as a method of payment to a lawyer for their legal services in an arrangement where lawyers receive a percentage of the monetary amount that clients receive when they settle the case ; The successful lawyer is awarded between 20% to 50% of the recovery amount; 

Contingency fees:- (1):- improve access of justice for indigent clients by enabling people who could not otherwise afford counsel to assert their                                                     claims; 

                                 (2):- provide incentive for attorneys to aggressively represent clients and seek their successes ; 

-Model Rules of Professional Conduct requires a contingency fee agreement to be in writing signed by the client, and that it state the method by which the fee is to be determined and must clearly notify the client of any expenses for which the client will be liable, among other mandates. Upon the conclusion of a contingent fee matter, the lawyer is required to provide the client with a written statement stating the outcome of the matter;

-A fee agreement thus signifies a contract for service provision between an advocate and a client and is evidence that the advocate was authorized to act by the client and that such fee-agreement should comply with the law of contract. 

-Its terms should be precise and unequivocal (Kakuta Maimai Hamise v Peris Pesi Tobiko, Independent Electoral and Boundary Commission & Returning Officer Kajiado East Constituency [2017] eKLR). It is desirable that the advocate obtains written authority to act from the client before commencing a suit or representing them in non-contentious business. Under Section 45, Advocates Act, however, parties are free to enter into a remuneration agreement before, after or in the course of any contentious business.

-In some circumstances, the court may imply the existence of the authority to act from the conduct of the parties (Omulele & Tollo Advocates v Magnum Properties Limited [2016] eKLR). Under no circumstances will the court imply a fee agreement where it does not comply with Section 45(1), Advocates Act. The difference is that an agreement establishes the advocate-client relationship and may be written or unwritten but provisions as to remuneration must be reduced into writing. The provisions on remuneration may be in the fee agreement and must be signed by the client to be enforceable.

-Additionally in { Majanja Luseno & Co Advocates v Leo Investments Ltd and another [2017] eKLR }; and Mwaniki Gachoka & Co. Advocates v Aristide Brilliant Nkuomondo [2019] eKLR Correspondences are capable of giving rise to agreements, provided that there is an offer, acceptance and consideration which can be discerned from a forensic-audit of the phone-transcript correspondences held between Owade & Co Advocates, Mudeyi Okumu & Company Advocates aka Kerario Marwa & Co. Advocates, their employees and Migori Police Station Traffic Dept. / Base Commander / Akidiva Memorial Hospital and/or I. The same evidence can also be corroborated or red directly from the letters-in-correspondences I wrote to civil-society-groups and recorded in my blog as given in the links.

-Hence, the court of Appeal in William Muthee Muthami versus Bank of Baroda (2014) eKLR, stated that for a contract to be valid under the law of contract, it must be proved that there was an offer, acceptance and consideration. "In the law of contract, the aggrieved party to an agreement must, in addition, prove that there was offer, acceptance and consideration." It is only when those three elements are available that an innocent party can bring a claim against the party in breach." The same was further emphasized, in Charles Mwirigi Miriti versus Thananga Tea Growers Sacco Limited and Another (2014) eKLR the court of appeal stated that it is trite that there are three essential elements for a valid contract. That is an offer, acceptance and consideration.

-Also Sec 3(4) Law-of-Contract Act CAP 23 doesn't make all contracts void-and-unenforceable if they aren't reduced in writing, short of which it would be a travesty-of-justice as lotsa people including the two unscrupulous lawyers Owade & Co Advocates and Mudeyi Okumu & Company Advocates aka Kerario Marwa & Co. Advocates, transact their businesses upon oral-agreements intentionally for which they're duly liable and can't renege or run away from the constitutional-and-statutory obligations under such contract-agreement and/or at liberty breach the same.

-It was stated, in Abdulkadir Shariff Abdirahim & another vs. Awo Shariff Mohamed t/a AS Mohamed Investments[2014] eKLR (Waki, GBM Kariuki & M'Inoti JJA), that there was no general rule that all agreements must be in writing, but the law, in the Law of Contracts Act, does require that certain agreements be in writing. Other authorities include Equatorial Commercial Bank vs. Wilfred Nyasim Oroko[2015] eKLR (Gikonyo J)  and

Interchemie EA Limited vs. Nakuru Veterinary Centre Limited[2001] eKLR (Mbaluto J).

-Another authority last but not least derives from ( https://legal-dictionary.thefreedictionary.com/ ) on the Doctrine of Estoppel: which's a legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial. The rationale behind estoppel is to prevent injustice owing to inconsistency or Fraud whereby Equitable estoppel, sometimes known as estoppel in pais, protects one party from being harmed by another party's voluntary conduct which may be an action, silence, acquiescence, or concealment of material facts as in Owade & Co. Advocates' Spoliation of my Migori County Referral Hospital X-Ray of the fractured arm for which he incompetently and/or corruptly claims to have misplaced. Another example of equitable estoppel due to a party's acquiescence is found in Lambertini v. Lambertini, 655 So. 2d 142 (Fla. 3d Dist. Ct. App. 1995).  There are several specific types of equitable estoppel including Promissory estoppel which is a contract law doctrine occuring when a party reasonably relies on the promise of another party, yet that reliance is injured or damaged.  A court will likely apply the Promissory Estoppel doctrine and require the defendants parties to fulfill their promises or halves-of-the bargains and pay.

-Thus, I submit indeed that a contract need not only be in writing or even oral but can be deduced or ascertained by the mere conduct of the parties as was illustrated in the court of Appeal in Ali Abid Mohammed versus Kenya Shell & Company Limited (2017) eKLR, ( On the issue of the whether the Plaintiff and the Defendant entered into a valid oral contract ), stated that a contract between parties can exist where no words have been used but where it can be inferred from the conduct of the parties that a contract has been concluded. The court said;" It therefore follows that a contract can exist where no words have been used but where it can be inferred from the conduct of the parties that a contract has been concluded. See Timoney and King v King 1920 AD 133 at 141. In the circumstances of the instant case, there existed an enforceable contract between the parties by reason of Conduct. Indeed, it was not disputed by the respondent that it supplied petroleum products to the appellant at a specific amount per liter and for a certain period of time."

-The conclusion to draw, from the above, is that a contract agreement need not be in writing, for it to be enforceable. The fact, therefore, that the agreement between me and the Owade & Co. Advocates and/or Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) was not in writing does not make it unenforceable. It didn't require to be in writing.

-It's indeed solely Owade & Co. Advocates' as well as Mudeyi Okumu & Company Advocates' ( aka Kerario Marwa & Co. Advocates ) faults that they knowingly, intentionally, unscrupulously, unlawfully, unprofessionally and with malice aforethought undertook to act on my behalf / represent me at different times on June 2012 and Dec 2015 respectively without complying with and in deliberate contravention of Cap 16 Sec 45(1) (a) (b) of the Advocates Act as read together with Schedule 6B, (b) of the Advocates Remuneration Amendment Order 2014 which allows and guides advocates and their clients to enter into valid-and-binding agreements in writing-and-signatures with respect to the advocate's fees, costs or remunerations; for purposes of exploiting the glaring deficit' unenforceability in pursuance of an 'oral, unwritten, unsigned agreement.'

 -My evidence, consistent, is that unscrupulous Owade & Co. Advocates plus accomplice Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) and I Erick Otieno Mango entered into verbal-oral agreements around June 2012 and Dec 2015 respectively following the accident ; we entered into valid oral contracts for the processing of my accident case to its logical conclusion as clearly corroborated by the unfinished, half-baked of half-processed documentary-trail from Migori Police Station including:- 

(1.):- Kihara-Construction accident P3 Medical-Examination-Form and an Abstract both processed half-way by Owade & Co.  Advocates including by his employees ; and

(2.):- A fully-processed abstract detailing the insurer of the Kihara-Construction accident vehicle Mitsubishi canter FH KAS 535K as well as the policy number of the insurance amongst other factors ;

-Not to mention the other documentary-evidences unlawfully still being held or spoliated by Owade & Co. Advocates:-

(3.):-Akidiva Memorial Hospital Treatment Notes / Medical Examination Report for which he demands KSh 3,000 ;

(4.):-Migori County Referral Hospital X-Ray of the fractured arm for which he incompetently and/or corruptly claims he misplaced ;

               Our oral agreements contained all the elements of valid contracts including offer, accepted consideration and consent of parties. The terms of the contract were also clear as evidenced in Owades conducts in processing the requisite court paper-works albeit dissatisfactorily incompetently and/or deliberately corruptly half-baked halfway with regards to impounding the Kihara-Construction KAS 535K vehicle decrying Migori Police Station uncooperativeness-refusal as recorded and which they vehemently denied; a feat Mudeyi Advocates completed in 3 months comparably to his of 3yrs before breaching contract in exasperation saying 'the case had hit a snag.'

Retributions, Protections , Declarations, Reliefs, Restitutions and Orders Sought

-A declaration that both first Owade & Co. Advocates ; then secondly Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) and I Erick Otieno Mango entered into valid oral contracts on different dates of June 2012 and December 2015 respectively for the purposes of processing of my accident case to its logical conclusion as clearly corroborated by the unfinished, half-baked / half-processed documentary-evidece trails ;

-A declaration that the termination of the agreement on 11th Jan 2016 by Owade & Co. Advocates when he tore the contract-form and instead unlawfully attempted to coerce me to sign a deficient affidavit claiming that he'd handed me over all the particulars of my case-file while wrongfully spoliating the Migori County Ref. Hosp. X-Ray with malice aforethought, and withholding the Migori Police Station P3-and-Abstract plus the Akidiva Hospital Medical Examination Report-Treatment Notes... and conditionally demanding for 1500/- and 3000/- for the former-and-latter thus prejudicing my case was unlawful, illegal, null and void ;

-A declaration that the termination of the agreement on June 2016 by Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) with malice aforethought prejudicing my case was unlawful, illegal, null and void ;

-A declaration that both Owade & Co. Advocates plus Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) jointly-and-individually were unjustified to terminate the agreements between us midway, and the fault was theirs based on their professional misconducts, incompetencies and/or corruption to prosecute the matter to its logical having carried out the instructions halfway ;

-A declaration that I've suffered political-legal abuse, crimes were committed and rights-and fundamental -freedoms violated and infringed continuously since June 2012 after the accident ;

-A declaration that I'm entitled to compensation by way of damages for violations of my fundamental rights ;

-Injunctions barring further violations, discriminations, infringements ;

-Compensation for actual, punitive, general and special damages since the harm, injuries and losses for loss-of-bargain, wastage-of-expenditure were caused by their breaches-of-duties in contract and negligence of the case which occurred as a result of the unscrupulous advocates' professional breach-of-duty-of-care, negligence, nuisance... conspiratorially with the other adversely mentioned accomplices including the OCS that tore / destroyed the original accident P3

-An order to take my Kihara-Construction accident evidence-destruction / spoliation case to term and process my compensation for actual, punitive and special damages by the insurer of its KAS 535K Mitsubishi FH Canter vehicle Amaco Insurance with pre-and post-judgment interests and costs from  the date of accident to the tune of  KSh 10m+  ;

-Lost pay ;

-Move for additur ;

-Disbar the mentioned culprit lawyers to effectively remove them from the LSK and the roll-of-advocates for their unethical criminal-conducts and professional misconducts incompetency ;

-Judgment and maximum sentences and fines for respondent convicts ;

-Any further reliefs, orders or directions that the ACC-Secretariat / Disciplinary Tribunal may deem fit to grant ;

-Recovery in damages for emotional-distress, pain-and-suffering and loss of amenities ;

                                                                                    

ANOTHER AUTHORITY ON CIVIL-SOCIETY-GROUPS CORRESPONDENCES / MEMOES

( https://erick-mango.blogspot.com/2016/05/prosecuting-raila-ex-treason-convict_24.html )

Hi everybody, this is the latest;l ater, logistics. Dear Sir / Madam, This is a circular intended to drum-up advocacy for legal-representation as well as to social-network and expose to the Civil-Society and Legal-Institutions my Criminal and Civil Lawsuit against the GoK courtesy of the culpable-duo of the Sitting-President and former P.M., Uhuru and Raila respectively. I have so far written to The Judicial-Service-Commission, Kituo-Cha-Sheria and Independent -Police-Oversight-Authority following counseling by The Human- Rights-Watch and The Ethics and Anti-Corruption Commission; and lately of recent added The Ombudsman as advised by The Migori-County DPP; and also written as well to The Kenya-Judges-and Magistrates Association so as to pre-empt any unforeseeable eventualities. I seriously hope the culpable-duo and their mentioned-associates have been served with notices expressing my intention to sue them for civil-and-criminal liabilities/damages. I look forward to cross examine the culpable-duo in the docks before the authority of independent-courts which's a tall-order in the Kenyan scenario given the adage that "You can't expect a hyena to deliver justice in a sheep's court;" [ rd: a recent scenario of a Kenyan-Magistrate charged with robbery with violence !]; and that's why the exploited masses of the Kenyan peasantry, ordinary mwananchis and the 3rd-class all support and cry to The ICC and The International-Community at large to stand steadfast and rescue the political-agenda from the selfish myopic vested-interests of the est./GoK courtesy of the culpable-duo for purposes of securing and ensuring justice is delivered to the 2007-PEV Victims and the ordinary citizens at large so that the institutions of Democracy and Civil-Rights as enshrined in The UN-Charter are protected for prosperity once and for all. The doubting GoK courtesy of the culpable-duo can call a referendum on the matter if they think they have the will of the people at heart. I intend the culpable-duo to be charged and tried for witchcraft as happened in medieval Europe reflecting the psychology, mentality, mind-sets and approach of the GoK AS REGARDS THEOCRACY-and-JINNI S; besides all the other counts in my Charge-Sheet and others accruing from the evidence that may be found liable by my lawyers. Of priority dear Lords, Ladies and Gentlemen is my prayer that you facilitate the fast-tracking of the accident-case so that I may be set free "from-the-jaws-of-death" in Raila's Secret-Society 2-Way Traffic Fertility Reproductive Cult of Luo-Nyanza as well as the sadistic manipulations, susceptibilities and vulnerabilities of the GoK as a whole courtesy of the culpable-duo and their associates since by releasing my accident-proceeds, I may get and start a life even as I finish my submission and presentation of evidence to The UNHCR-and-The IOM for purposes of gaining political asylum/refuge. I Erick Otieno Mango would like to prefer charges of harassment, abusive behavior, misconduct and abuse of office including abuse of authority and powers vested in The Office of The Commander-In-Chief of The Armed Forces of The Republic of Kenya, i.e. The Sitting-President Uhuru Muigai Kenyatta and consequently The Office of The immediate former Prime-Minister of The same Republic of Kenya Raila Amolo Odinga.It is becoming apparently obvious that the two above are circumnavigating the speedy-recourse of my accident-case for release of my accident-damages/compensation proceeds so as to impede the lodging of my Civil/Criminal Lawsuit against them by completing the evidence-submission and filing the suit as is evidenced in the SMS-texts below to Civil-Society-Groups including Safaricom Communications-Network, The LSK,Kituo-Cha-Sheria,Human-Rights-Watch and The Nation-Media-Group,Office-of-The Chief-Justice,The Ombudsman,Migori-Law-Courts/Judiciary,Constitutional-Implementation-Commission et al. : NB: So far the LSK-Rep. has begun speaking like a member-of-a-Party who has defected to its rival-Party since he's now saying, " What if the case is DISMISSED?" in reference to The Migori Law-courts/Judiciary ruling on the matter making me wonder on what-grounds they could 'DISMISS' THE cleary "OPEN-and-SHUT" accident-case given that it's The Migori-Traffic-Police and/or Owade-Advocates who should shoulder any blames for the late-impounding of the KAS-535K MITSUBISHI-canter which took them 3yrs 11months due to either gross-incompetence and/or corruption with suspicions of being compromised with bribes.On the other hand,Mudeyi The LSK-Rep. could be echoing the sentiments of The Migori Judiciary 'MOUTH-PIECE' Driver who proclaimed/sanctioned that The Migori Law-courts/Judiciary wouldn't pay me till they customarily marry me-off to one of their Luo Prehistoric Descendant Culture Savages; IN WHICH CASE I BEG THE JUDICIARY THROUGH THE OFFICE OF THE CHIEF-JUSTICE TO PLEASE LET/MAKE THE MAGISTRATES INVOLVED ABSOLVE-THEMSELVES FROM HEARING MY CASE SINCE IT'S APPARENT THERE IS NO JUDICIAL and/or LEGAL GOOD-WILL/FAITH FROM THE MIGORI LAW-COURTS and/or MIGORI LEGAL-FRATERNITY. We managed to have gathered all the prerequisite paper-work with Owade-Advocates within 3-months including The Akidiva-Medical-Report and The X-ray and by September-2012 were only waiting for The Migori Traffic Cops to impound The Mitsubishi which took them up to 26/4/2016 when the Insurance co. and Policy no. as regards the vehicle during the time/date of the accident were availed and taken by The LSK-Rep.The point of The matter is that we got the accident aboard a motorcycle with Ikenya, [ The Mombasa Municipal-Cop who'd accompanied/deported me to Migori after the illegal arrest and detention at Shimo-La-Tewa Prison on the 2nd-day after arrival-14/6/2012 the night after they'd subjected me to the forced WITCHCRAFT WHICH'S A SUBJECT PENDING BEFORE IPOA ] opposite The Migori Kenya-Commercial-Bank;of which since I was sitting last with Ikenya's bundle-luggage full of upcountry fresh market-ware for his city-wife,I was the ONLY one who got grazed by the sides of The Vehicle as the motor-cyclist tried the much he could to evade the on-coming vehicle swerving to the left till he entered the ditch adjacent to The K.C.B. leaving my right index-finger and knee-cap hit/razed as well as my right vertebrae/chest by the impact of the collision on the flour bundle-luggage to my chest.I was so new in Migori I couldn't tell that The Migori District Hospital was right opposite/adjacent to The Migori-County-Offices and Ikenya and her former-girlfriend colleague with whom they'd trained together instead took me all the way to The Market's Bahati-Clinic which indicates they were trying to hide tracks of their illegal-activities as reported to The IPOA.It took me over a month to heal and all that while I couldn't put my right-hand down which had swollen like the body/corpse of a 'DROWNED-PERSON' and had to always keep it held in an UPRIGHT POSITION TO ALLAY THE PAIN whether I was sitting,standing,walking or sleeping;I couldn't as much hold-up a spoon to my mouth you can imagine! It took over 10-sessions with The Migori District-Hospital Physiotherapist to get on the healing trail and though I didn't pay him up-front, I promised him nonetheless to pay him-up once I got paid my accident-proceeds given that I'd since taken a Lawyer.He even jokingly said I could 'PAY HIM BARTER-TRADE- wise' with chicken which although I laughed-at I told him I didn't keep any and asked him to bear with me till I got the accident-proceeds/compensation.Indeed so new was I in Migori that I couldn't mark the motorcyclist except by a 'CLUB THAT HE HAD FIXED AT THE BACK OF THE MOTORCYCLE' and though I tried the much to get his cooperation in availing the motorcycle to the cops;by the time I was making follow-ups with him he'd already plucked-off the club and claimed the motorcycle he was now riding wasn't the same ant the accident motor vehicle furthermore didn't have INSURANCE like most motorcycles and in any case it belonged to 'squad-members' and wasn't wholly-his as such;and so I let the matter with Sam ,the other legal-assistant with Owade-Advocates who followed-up from there though the cops didn't include the motor-cycle in the abstract deciding to stick to elements/factors relevant to the case.That's all about there's in the case and I don't see how or why on what grounds The Migori Law-courts could dismiss the case except for the reasons given above. I think the Psychology/Mentality/Approach/Mood of The Migori Law-courts and/or The Migori Legal-Fraternity HAS BEEN HIGHLY CORRUPTED and so become partisan with myopic vested-interests since the beginning of the Case as reflected by the PREJUDICIAL sentiments of The Migori Judiciary-Driver 'Otieno-Ndama' as well as The LSK-Rep. Mudeyi-Okumu Advocates and so the parties courtesy of The SADISTIC GoK are PLANNING TO SABOTAGE The Migori Lawcourts Proceedings as concerns my Accident-Case proceeds/damages/compensation and so I call and beseech the INTERVENTION OF THE INDEPENDENT-AUTHORITY OF THE OFFICE OF THE CHIEF-JUSTICE and other LEGAL-INSTITUTIONS TO GUARANTEE ME A FAIR HEARING/RULING.Thank you in advance for all please pending damages. [1.]-Hi Civil-Society-Groups.Pls assist resolve my accident-case.The Mig Traffic B.C. Mr. Aggrey-0722441650 ain't willing to impound The Kihara-Construction accident-canter KAS-535K which passes btw The Mig. Ploice Station and Div. Hq's past The Lawcourts daily since 19/4/2016. I can't give feedback to Mr. Kamau of IPOA-0204906000 WHO'VE ALSO OPENED A FILE -318/2016 FOR MY ILLEGAL-ARRESTS,DETENTION AND WITCHCRAFT;due to lack of airtime.My exploited and threatened life on forced-dependency is deteriorating below the poverty line under 'arrested-development' by The GoK pending payment of my accident-proceeds being facilitated courtesy of The LSK-Rep.-0722433266,3yrs 11months down the line.The Mitsubishi was impounded on 26/4/2016 for 2-days at Mig. Police during which The Police-abstract attached to The P3 was filled in-full.Pls assist urgently.T.Y.I.A for all pending damages pls...........14/5/2016 at 0837hrs. [2.]-Hi C.S.G. Uhuru and Raila are having me tracked byThe GoK cops in town [Migori] esp. at the recreational-park which also happens to be a 'Convent-Garden' being exploited by Uhuru's mother [ animistic-ally read as HURUMA] and kins Judy-Macharia and Emi animistic-ally since they are also psychic-vampire-witches as established in my Civil/Criminal Lawsuit [ erick-mango.blogspot.com ]. Through doubles and cops The GoK / Catholic-Church is impressing to impose 'mental-retardation/torture/death' at their St. Joseph Ombo-Hospital facility; and/or abduction for cyclic-witchcraft fo my 'Evolutionary-Leanings/Persuasions.' They want to swindle me-off my accident-compensation estimated at btw KShs 300,000-400,000 for The LSK-Rep.-0722433266 is now feigning busy-ness not willing to take........P.T.O. -The LSK-Rep. ain't willing to take immediate action as agreed that he was going to have the driver of the accident-vehicle sued for careless driving as well as sue the Traffic-cops for late impounding of the vehicle before taking leave-of-court to sue for the accident-compensation given that the max.-period allowed to sue for accident-compensations is 3yrs which in my case has elapsed by 11months now! The LSK-Rep. Mudeyi was to liase with Owade-Advocates to get The 'Akidiva-Medical-Report and X-ray' which they'd retained demanding a fee of 3,000/-. My case is urgent since as mentioned I am existing on forced-dependency below the poverty-line subjected to endless persecution by The GoK WHICH' EFFECTIVELY 'out-casting/outlawing-me' systematically since a dozen-yrs plus ago;the subject of my Civil/Criminal Lawsuit forcing me to seek Political-Asylum/Refuge.Pls assist urgently..........14/5/2016 at 0841hrs. [3.]-Hi C.S.G. Pls allow me the courtesy to register with you that when ODM-sympathisers demonstrated in Raila's stronghold and/or country-wide last Monday,The GoK seemingly spoiled for an excuse to shoot specifically at me as they needlessly fires sporadically and skewedly in the air as they raced in a land-cruiser/rover pick-up loaded with armed AP's all the way from past the bridge over the market-side and then past the Kakrao-Kisii highway passing motorists,other pedestrians and I who'd deserted the town's riot-area and rioters as if they were clearing the way for The 'Presidential-Motorcade!' My suspicions are confirmed by a motorist grinning at me as he speed-drives back to town, the way I'd reported plans to be run-over of recent.They are attempting to trap me in cross-fires!Lastly attempts at 'SOLITARY-CONFINEMENT' are meant to wheel-cahir me and/or exorcise GoK jinn [ THEOCRACY. ] T.Y.I.A.............14/5/2016 at 0842hrs. [4.]-Hi C.S.G. The sadistic GoK virtue of its psychic-vampire-witches secret-society is still circumnavigating the speedy-recourse of my accident-compensation/damages with The LSK-Rep. not considering the urgency of my predicament and thus keeping postponing the case [tomorrow] while Owade-Advocates are still withholding-on to The Akidiva Med.-Examination Report and X-ray. Today the well-fed neurotic dysfunctional-family rations me 4-slices of bread which I take with water till super as I make follow-ups with The LSK-Rep. whom we're to see Dr. Akidiva tomorrow! The clothes I wear are bought-for including an orange-shirt leaving Raila's home-turf savages impressing to impose their archetypal-contents on my besieged-person; they disregard the 'SOUND-LOGIC' intim....... P.T.O. -The ODM PREHISTORIC-DESCENDANT-CULTURE SAVAGES IN CONJUNCTION WITH THE PSYCHIC-VAMPIRE-WITCHES SECRET-SOCIETY DISREGARD THE ARGUMENTS OF MY SOUND-LOGIC AS IS SUBMITTED in my Criminal-Civil Lawsuit in my blogsite platform [ erick-mango.blogspot.com ] trying to impose the impression that I am dumb following the systematic-consistent Outlawings /Out-castings from the societal-framework and its institutions .Can't tell when I'll next shave for my hair is shaggy/ragged;I am fast running-out of bathing-washing barsoap which I usually divide in two;worse,I may soon be forced to trek/walk bare-feet since my 1-pair synthetic 'several-times' repaired moccasin-shoes' soles are now both torn into two's and when it rains mud enters both shoes muddying the torn-socks and feet.They listed me in the Credit-Reference-Bureau and I can't access the min KShs.3,000 [ KCB M-PESA ] loan to reapay in 1-month [ using the accident-damages/compensation. ] Pls assist. [ T.Y.I.A. ] Hence, I would like The Legal-Institutions world-wide to BAR 'THE AXIS-OF-EVIL' 'PSYCHIC-VAMPIRE-WITCHES' and 'WICCA-SORORITY' MASON-MEMBERS including especially The sitting-President's Uhuru'-mother [ ANIMISTIC ALLY read as HURUMA, ] Judy-Macharia and Emi from tracking me or imposing their witchcraft/inferiority-complexes/intentions/impressions/mirror-images/psychology/interpretations/words and/or meanings on my person as well as organizing-crimes on me and/or circumnavigating for purposes of sabotaging,abusing or exploiting my 'arrested-development' predicament any further as was animistic-ally predicted by The Migori-Judiciary-Driver mouth-piece allegedly on-behalf of Judy-Macharia who proclaimed that 'They [ The Migori-Judiciary ] WON'T PAY ME MY ACCIDENT-DAMAGES-COMPENSATION PROCEEDS TILL THEY MARRY-ME CUSTOMARILY [ rd: animal-husbandry v. zero-grazing ] ALLEGEDLY TO ONE OF THEIR LUO PREHISTORIC-DESCENDANT-CULTURE SAVAGES! Last but not least remember the psychology of the above mentioned-parties are hell-bent on killing me as evidenced by The Owade-Advocates attempts to contract me with the HIV AIDS-Virus by their former the late [ R.I.P. ] secretary-receptionist in what was to be a 'forced-customary date/marriage affair;' the cyclic repeated patterns of food-hunger,torture-poisoning games with typhoid,amoeba and cholera contamination;the Chamkombe Chief-Amara sanction to the above medical-effects as well as the palpable mob-gang/matched-wielding attacks threats! Thus below is a summary of the accident chronological-proceedings as copied to C.S.G. PLEASE INTERVENE AND ASSIST URGENTLY: Dear Sir / Madam, I would like to raise issue with your Offices of IPOA AND NPS as concerns The Migori Traffic-Police Base-Commander and Officer Mr. Maingi handling the case-file of my accident-case the last 3yrs 7months.Except for limited-resources I would have included them in the IPOA Website on complaints touching on Police-Officers but that will have to wait till I get my accident-compensation;of which I plan it to include Mombasa Municipal cops Ikenya,Swale and another I can't remember the name for illegal-arrest,illegal-detention at Shimo-La-Tewa Prison for 5days under unhygienic dangerous conditions before I was deported to Migori accompanied by Ikenya for purposes of being forcefully subjected to engage in witchcraft allegedly to remove "a jinn or something" against my scientific knowledge and adherence to EVOLUTION;AND DESPITE MY PROTESTS OF THE SAME.I will also include the 2 regular-cops who arrested me in Uhuru-Gardens Mombasa before they stood watch as I was abducted in to the Mercedes-benz of the GoK licensed fire-arms holder Omari before being driven to his Jomvu-Kuu residence for a 2weeks-sojourn. I propose the recommendation of suspension of the Migori-Traffic Base-Commander and Officer Maingi pending investigations and / or dismissal on grounds of abuse of office,authority and powers vested there-in.The GoK IS TRYING TO OUTLAW ME AS REGARDS having the services of a legal-representative in my accident-case.I have received positive feedback from the Tourism and Hospitality Industry whereby I am required to acquire a passport and a Driving-License of which I am waiting for the damages to process the same and the Traffic-cops are keeping me waiting 3yrs 7months down the line.Thus The GoK is killing me slowly as my life ebbs away with time subjected to a Zombie-Existence of a passive-male and whose virility,manhood and/or phallus are being turned vestigial.Please I need your urgent intervention to stop the economic losses I am incurring in terms of lost incomes. Thus below is a summary of the accident-case. Message body To Whom it May Concern. REF: Complaints on a Long Overdue Kihara-Construction Accident-Case. Dear Sir / Madam, I wish to express gross disappointment in Owade Advocates and Commissioner for Oaths in the CORRUPT manner, attitude, psychology and/or approach they have handled my Accident-Case since June,2012 up to The 11th January 2016 when Owade finally tore the CONTRACT-FORM we had; with Akuku one of the Legal-Assistants saying they are not handling or representing me in the Accident-Case any more. Owade-Advocates have literally BREACHED-THE-CONTRACT due to vested interests as regards compromise by KIHARA-CONSTRUCTION [ rd: "The case has hit a snag" ] exhibiting gross Unprofessional ism as well as lack of Legal-Competence and Ethics. On the one hand they attempted to MURDER me through trying to coerce a forced Customary-Marriage-Date with their former the late Secretary/Receptionist who eventually died of HIV-AIDS, one Josephine [R.I.P.]. On the other hand, it's refusal to reconcile with their Raila ODM-Party affiliations since they insinuated during the last elections 2013 that they'll ONLY work with/for those who'd presumably voted proved by /with the indelible –ink mark on the small-finger. Furthermore, Kihara-Construction head-quartered in Nairobi derives its name from Kiambu The President Uhuru's backyard and I don't know how much they could be affiliated or how much they are pulling-strings on The Migori-Traffic-Police. Thus below is a summary of the proceed of events as regards the Kihara-Construction Accident-Case as recorded in my Complaints-File and blog-site : erick-mango.blogspot.com entitled : "Prosecuting Raila : Ex-Treason Convict and Serial Psychopath Ritual Murderer." I wish to enjoin the aid of your Offices in asking for transparency and accountability in the speedy-recourse of my several cases as mentioned-above and below amidst the government threats to summarily clump on the same. Now interestingly enough the case has been inevitably brought forward to your offices because as The Migori cops operate their investigations, it becomes again inevitable not to mention Raila [the head of O.D.M.] and by extension Uhuru [ the current occupant of The Highest office on land and suspect of crimes against humanity and atrocities at The ICC ] given that the genesis of the reported latest condensed sub-cases accrues from the larger case-saga deriving from the Mombasa deportation for purposes of "removing that something /jinn" by a witch-doctor which leads to an accident the following day which has kept me waiting for the compensation proceeds to date of which as a result there have been other eight-cases due to Family-Cultural-Conflicts. The accident case was reported at The Migori Police Station : [3.]-O.B. 28 / 14 / 06 / 2012 and later re- modified to - O.B. 12 / 17 / 9 / 2012. Dear Sir/Madam, I Erick Otieno Mango seek to file a complaint with your office regarding an accident I got on the 14th of June 2012 involving a Kihara Construction canter of number plate KAS 536K in Migori County opposite The Kenya Commercial Bank. I subsequently referred the case to Owade and Company Advocates and Commissioner for Oaths situated in Migori County. Up to the end of last year December 2013, we'd managed to fill-in the prerequisite medical examination report, Police P3 forms X-ray radiography report e.t.c. All that remains is the towing of the said canter for the traffic police abstract forms. The base traffic commander and the office assigned the case left us with the notice to stay vigilante and report the canter for towing once we sight it. It was traced to Rongo by 1 of the legal assistants and the matter rested there. This is where the bone of contention arises for the legal assistants now say the case has hit a snag, has collapsed, is closed since it is proving quiet difficult to impound the canter vehicle above. Thus I take this opportunity to beseech your office to intervene and help us including Owade and Co. Advocates and/or the traffic police to impound this vehicle since I have not spotted it all this time for one and secondly the accident affected my right knee-cap which makes me limp if I walk long distance and last but not least ,since Owade and Co. Advocates have surreptitiously as well asked me to pay them back their file charges as well as service fees incurred so far in various technicalities before the file can be transferred to another party for purposes of continuing the accident case proceedings should the status-quo prevail. Hence in regard to that I wonder whether your office would kindly arrange for Owade and Co. Advocates to complete the extra mile on my behalf or otherwise since my financial circumstances cannot afford the necessary fares when I am required at the office most of the times. I hope your efforts will be reflected in spirit and letter of the new constitution as was exemplified during the country wide Judiciary Marches Week. Thank you in advance for your consideration, cooperation and assistance. Yours Faithfully, Erick Mango. NB: Dear Sir/Madam, Please, I wish to clarify for matters of expediency and for setting the record straight that the number-plate registration of the Kihara Construction canter involved in the accident is KAS-535K AND NOT KAS-536K .Please excuse me the former was a 'typing-error' given that all the details and paper-work of the accident have been with Owade and Co. Advocates since June, 2012.I confirmed the registration on my diary. Sorry for any inconveniences caused. Thank you in advance for your consideration, cooperation and assistance. Yours Faithfully, Erick Mango. Thus, the above is the full Complaints-File as hard-copy hand-delivered to The Devolved Office of The DPP Migori-County. I would like to add that I just met one of the legal assistants with Owade and Co. at The Migori Bus-Stage Market where I access the cheap affordable cyber-cafe and he said they have not received any communiqué from The above Office and that besides, the cops refused to cooperate in the impounding of the aforementioned canter and that it looks like my case is kind-of running out-of-time. So he tells me to see them in their office in two weeks' time so they can set the way-ahead. In other words it means the government of Kenya is sitting square on my accident compensation and thus perpetrating the "Arrested-Development" and the incessant abuse of the basic nature of the psychological of my personality. Last but not least as a final resolution Walubego [ a cop assigned my Family-Cultural-Conflict Cases ] sent me to The Traffic-Cops whose Base-Commander, PTO [1028hrs] refuted all allegations by Owade- Advocates handling my accident case that at no given time had they refused to cooperate in impounding The Kihara-Construction Canter : KAS-535K; and they sent me to The Owades who I found had closed for the season from the 17th Dec till the 11th Jan 2016 and so I went to The LSK County-Rep 1-Mudeyi and co. Advocates whom I'd consulted earlier-on leaving updates with his receptionist who books an appointment for Monday The 28th Dec. As I go back to Migori Police I meet Sam an Owade Agent/Legal-Assistance who categorically states that The Police P-3 and Abstract-Form were both issued at Migori-Police where they were filled in-full and half-way respectively and that its them cops who refute to impound the accident-canter! The Migori Traffic-Cops say they aren't crazy and tell me to wait for them Owades on 11th Jan 2016 to come with the Abstract, PTO [1050hrs] form so that they can fill it in full once and for all and proceed-on with the impounding of The Kihara-Construction Canter wherever it might be in Kenya to facilitate payment of my accident proceeds so that I may leave the neurotic-family in peace and go-on to get and start a life. Below are excerpts regarding the Accident-Case as texted to The Human Rights Watch : Hi HRW. Owade-Advocates deliberating whether to cancel and sell me Accident-Case-File [ including P3-and-Abstract Forms ] at 1500/- and Treatment-Notes of Akidiva-Memorial-Hospital at 3000/- or not. They've misplaced The X-Ray and Treatment-Notes which they are still searching. Traffic-cop Maingi says I go back on Wednesday 13th January 2016 when Base-Commander will be there to coordinate with Awendo Traffic-Police impounding of KAS-535K in Awendo. Thank you in advance for all pending damages. Hi HRW.It doesn't work without a Lawyer at The Traffic-Department. Up-dated LSK-Rep. Mudeyi-Advocates about Owade-Advocates tearing Contract-Form and asking me to sign an AFFIDAVIT that they'd handed me The Accident-Case-File which I couldn't cause of The missing X-Ray and Akidiva Memorial Hospital Treatment –Notes whereby I was then given an appointment for next Monday, 18th January 2016.Thank you in advance pending damages. Please, I need Your Legal-Aid to render me Legal-Remedy and Justice.Thank you in advance for your consideration, cooperation and assistance. Yours Faithfully, Erick Mango

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Retributions, Protections , Declarations, Reliefs, Restitutions and Orders Sought

-A declaration that the termination of the agreement on 11th Jan 2016 by Owade & Co. Advocates when he tore the contract-form and instead unlawfully attempted to coerce me to sign a deficient affidavit claiming that he'd handed me over all the particulars of my case-file while wrongfully spoliating the Migori County Ref. Hosp. X-Ray with malice aforethought, and withholding the Migori Police Station P3-and-Abstract plus the Akidiva Hospital Medical Examination Report-Treatment Notes... and conditionally demanding for 1500/- and 3000/- for the former-and-latter thus prejudicing my case was unlawful, illegal, null and void ;

-A declaration Owade & Co. Advocates Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) was unjustified to terminate the agreement between us midway, and the fault was his based on his professional misconduct, incompetency and/or corruption to prosecute the matter to its logical having carried out the instructions halfway ;

-A declaration that I've suffered political-legal abuse, crimes were committed and rights-and-freedoms violated and infringed continuously since June 2012 after the accident ;

-A declaration that I'm entitled to compensation by way of damages for violations of my fundamental rights ;

-Injunctions barring further violations, discriminations, infringements ;

-Compensation for actual, punitive, general and special damages since the harm, injuries and losses for loss-of-bargain, wastage-of-expenditure were caused by their breaches-of-duties in contract and negligence of the case which occurred as a result of the unscrupulous advocates' professional breach-of-duty-of-care, negligence, nuisance... conspiratorially with the other adversely mentioned accomplices including the OCS that tore / destroyed the original accident P3

-An order to take my Kihara-Construction accident evidence-destruction / spoliation case to term and process my compensation for actual, punitive and special damages by the insurer of its KAS 535K Mitsubishi FH Canter vehicle Amaco Insurance with pre-and post-judgment interests and costs from  the date of accident to the tune of  KSh 10m+  ;

-Lost pay ;

-Move for additur ;

-Disbar the mentioned culprit lawyers to effectively remove them from the LSK and the roll-of-advocates for their unethical criminal-conducts and professional misconducts incompetency ;

-Judgment and maximum sentences and fines for respondent convicts ;

-Any further reliefs, orders or directions that the ACC-Secretariat / Disciplinary Tribunal may deem fit to grant ;

-Recovery in damages for emotional-distress, pain-and-suffering and loss of amenities ;

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