Solar System Media: Les Misérables Activists-Advocacy-Lobbyists and Consultants at Law.

Solar System Media: Les Misérables Activists-Advocacy-Lobbyists and Consultants at Law.
Solar System Media: Les Misérables Activists-Advocacy-Lobbyists and Consultants at Law-This is an Online-Jobs Entrepreneurship / Business Services-Provider, Social Media Marketing / Virtual Assistant (Administrative) and Retail-Goods Affiliate-Marketing involving: (1.)-Community Paralegals for Legal Document Assistant (LDA) / Legal Technician / Court Document Preparers / Court Forms Providers as far as Activism-and-Lobbying for Causes go concerning Human-Rights-Advocacy for suppressed voices and the tax-overburdened oppressed laity including dis-inherited widows, orphans and the destitute; (2.)-French, English, Swahili Translator / Interpreter / Teacher / Tour Guide; (3.)-Publisher for Affiliate Marketing in freelance writing, blogging, transcription and podcasting;

Monday, December 12, 2022

Vol. 8: An Appeal On The Decision of The Advocates Complaints Commission By The Secretary at Cooperative Building, 20th Floor, Nairobi, Delivered-and-Issued On Friday 18th November, 2022 At 4:02 PM In COMPLAINT-CC/PE/AUG/22/36:- I Squeezed Final Submission Vol. 12 Subject To Deadline Extension To The 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 4-months Kihara-Construction accident evidence-destruction / spoliation 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.

Dear Sir / Madam,
I've jus' started the appeal against time, resources and behind-the-scenes-corruption / interferences by the adversely-mentioned accomplices / co-conspirators of the unscrupulous-advocates below, greatly hampering the progress of the same by including suspicious manipulations of incessant power-and-internet blackouts ; not to mention having to divide the meager coins between food and the cyber cafe to file this appeal which I hope you'll bear with me till my last submission. I pray the divine-intervention of civil-society-groups and concerned-authorities to impress upon the Advocates Complaints Commission-Secretariat c/o Office of the Attorney General to Certify the cited Appeal-matter below as Urgent and hear it henceforth as complete-submission with regards to dispensing the service of the application in the first instance due to the nature of the 10yrs 5-months political-legal abuse delays and the reliefs sought. Funds to support filing the Appeal can be channeled through:-
MPESA:-{ +254723047863 or +254764087863 }; 

BANK:-{ Equity Bank, Migori Branch, Acc. No. 1160168298894 }. SOS. 

Thank you in advance.
Yours Faithfully,
Erick Mango.


(A.):- Introduction

1.-The Respondent-Advocates Complaints Commission's DECISION against me the Indigent-Appellant in the subordinate cause was based on my Complaint No.-CC/PE/AUG/22/36 as submitted then, of I the Indigent Petitioner/Plaintiff  Erick Otieno Mango Versus the Defendants Owade & Co. Advocates and Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) which was anchored on :-

"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, plus two ex-Chiefs of Suna East Amara and Odero-and-his-son, plus Peter-and-Pamela Mango the dysfunctional, compulsive-neurotic sex-perverts I've disowned pending due process… as detailed in the attached blog-site authorities links memos-letter correspondences to civil-society-groups and concerned authorities" ; 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."

2.-That pursuant to the said basis-of-my Complaint No.-CC/PE/AUG/22/36 as submitted then, which the Advocates Complaints Commission went forth to reiterate therein above that the mandate of the Commission as lies within Section 53 of the Advocates Act is to deal with complaints against advocates, law firms or their employees for acts of professional misconduct, not tort; and further, that my allegation wasn't be backed by any evidence authorizing them to inquire deeper into the complaint, thus lacked 'substance'.

3.-I hereby take this solemn opportunity in application pursuant to the provisions of Order 8 of the Civil Procedure Rules, 2010 as read together with Section 214 of the Criminal Procedure Code to seek orders that I the Indigent Petitioner-Appellant be granted leave to AMEND this Complaint No.-CC/PE/AUG/22/36 lodged with the Commission from the 19th August 2022 through to the submission deadline of 4th October 2022 because of my govt. of Kenya's political-legal imposed indigent / penniless-pauperism status which couldn't allow me to lodge it in one piece and instead had to in bits-and-piecespremised on grounds set-out as follows:-

(a.):-"That the proposed amendments are intended to bring before this Honorable 'Appellant-Advocates Complaints Commission' the real matters in controversy between the Parties herein so that the same are determined on their true and substantive merits.

(b.):-The proposed amendments are further necessitated by information relevant for the fair and just determination of the real questions in controversy in this appeal which came to me, the Petitioner-Appellant/Applicant's knowledge subsequent to the filing of the Petition.

(c.):-The time allowed under the Civil Procedure Act and Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice Procedure Rules 2013 for amendment of Petition has not expired.

(d.):-The proposed amendments will not occasion any prejudice to the Respondent Advocates Complaints Commission ;

(e.):-The proposed amendments arise out of the same facts or substantially the same facts in respect of which relief is claimed by the Petitioner-Appellant/Applicant ;

(f.):-It is therefore in the interest of justice that I the Petitioner-Appellant/Applicant should be granted leave to amend its Petition filed herein."

4.-In that context, I aver that the issue of amendment of pleadings is not novel and has been the subject of numerous Court decisions, the common denominator being that as a general principle, Courts will normally allow amendment of pleadings at any stage of the proceedings if it can be done without occasioning injustice or prejudice to the other party and which prejudice can be compensated by an award of costs - See generally Eastern Bakery vs Castelino (1958) EA 461, Ochieng and Others vs First National Bank of Chicago Civil Appeal No. 149 of 1991 and Kenya Commercial Bank vs Kenyatta National Hospital & Another (2003) 2 EA.

5.-My Complaint No.-CC/PE/AUG/22/36 being as much a Constitutional Petition as far as the Protection of Rights and Fundamental Freedoms go the rules of procedure applicable are the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013. In that regard, Rule 18 of the Rules provides that, "a party that wishes to amend its pleadings at any stage of the proceedings may do so with the leave of the Court". As to the applicability of that Rule, in The Institute for Social Accountability and Another vs Parliament of Kenya and 2 Others Petition No.71 of 2013, the Court stated that;

"Rule 18 of the Rules clearly stipulates that the court may permit an amendment at any stage of the proceedings. The court will normally allow parties to make such amendments as may be necessary for determining the real questions in controversy or to avoid a multiplicity of suits, provided there has been no undue delay, no new or inconsistent cause of action is introduced, and no vested interest or accrued legal right is affected and that the amendment can be allowed without an injustice to the other side." 

6.-In this regard I also rely by Precedent aka Case-law or Common-Law on the case of The Institute for Social Accountability (supra) where the Court stated as follows as regards the purpose of amendments;

"The object of amendments is to enable the parties to alter their pleadings so as to ensure that the litigation between them is conducted, not on the false hypothesis of the facts already pleaded or the relief or remedy already claimed, but rather on the basis of the true state of the facts which the parties really and finally intend to rely on. The power of amendment makes the function of the court more effective in determining the substantive merits of the case rather than holding it captive to form of the action or proceedings."


7.-In applying the above principles here, I the Petitioner-Appellant am of the view that the ends of justice will be achieved and the principles and values enunciated in the Public Officer Ethics Act, 2003 (POEA), the Leadership and Integrity Act (LIA), 2011, Chapter Six and Article 73 of the Constitution of Kenya-2010 will better be served if this Appeal in my Complaint No.-CC/PE/AUG/22/36 as AMENDED herein is allowed and the issues in contest dealt with wholly. 

8.-Chapter Six of the Constitution of Kenya-2010 provides Leadership and Integrity requirements while the Public Officer Ethics Act, 2003 (POEA), the Leadership and Integrity Act (LIA), 2011 and other relevant regulations prescribe the codes of Ethics and Conduct for public officers.  Article 73provides for the thresholds of personal integrity, competence and suitability prerequisites for any appointments.

9.-Chapter Six CoK-2010 further obligates all public officers to behave in manners that safeguard the dignity-and-honour of the offices and promote public confidence in the integrity of the offices ; which emphatically with Article 3 CoK-2010 obligates us citizens whom sovereignty lies-with, to respect, uphold and protect the Constitution ; as read together with Section 4(1) of the Leadership and Integrity Act (LIA), 2011, which apportions responsibility on every person to implement the provision of the Leadership and Integrity Act (LIA), 2011 ; either and/or by seeking legal redress for any contraventions of Chapter Six and integrity requirements. In this instance I rely on the precedent / case law authority in both :- 

(a.):-Watitu and Mumo Matemu, where the Court of Appeal affirmed that any Kenyan has the locus standi in seeking judicial redress on breach of Chapter Six provided the person acts in good faith and for public good ; and

(b.):-Trusted Society of Human Rights Alliance Vs the AG & Others, Nairobi, HC Pet. No. 229 of 2012.-"Kenyans intended that Chapter Six and Article 73 will be enforced in the spirit in which they included them in the Constitution. The people of Kenya did not intend that these provisions on integrity and suitability for public offices be merely suggestions, superfluous or ornamental; they did not intend to include these provisions as lofty aspirations." 

10.-At this point, this 'Appellant Advocates Complaints Commission' is not concerned with the substantive merits of me the Petitioner-Appellant's case as those are matters that will be canvassed at the HEARING and I am therefore satisfied that the AMENDMENT will help the Court conclusively determine the issue before it and declining the AMENDMENT at this stage may only lead to the filing of another suit and such an approach would negate the principles of judicial authority enunciated in Article 159(2) of the Constitution of Kenya 2010 that all suits should be expeditiously determined.

11.-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 expeditiously investigating-and-prosecuting the adversely mentioned unscrupulous Owade & Co. Advocates and Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) lawyers' aggravated professional-misconducts Breach-of-Contracts in each respective instance since they flouted-and-violated 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-and-freedoms ; as read together with Sec 61(3) on the OAG exercise of disciplinary powersand as read together with Sec 61(1) on binding orders and Sec 31 Advocates Act Cap 16 on advocates offences ; as well as read together with Sec 53(1)(2)(3)(4)(5)(6)(7)(8)(9) and Sec 4(b)(e) and Sec 57(1)(2)(3)(4); not to mention 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 Application under a Certificate-of-Urgency and commence HEARING it thenceforth in the first instance due to the nature of the 10 years 5 months Uhuru's, Raila's (in my broad lawsuit) and now Ruto's AMACO-INSURANCE criminal-conspiracies' political-legal abuses delays, and reliefs-sought amid death-threats which endlessly violate my fundamental rights and freedoms as provided-for in Articles 25(a-d), 27(1-5), 28, 29(a-f) 45(2), 48 and 50(1) as demonstrated explicitly-and-implicitly in detail in my correspondances to civil-society-groups and recorded in my blog-sites including;
(d.):-( 

as I wither-and-wane in virility, unable to neither kick-start my stalled businesses, date nor marry at 44 years.


(B.):- Background

12.-In order to fully understand me, the Petitioner-Appellant's Application, it is imperative to highlight the gist of my Complaint No.-CC/PE/AUG/22/36. In my subsequent Submission dated Wed, Nov 16 at 5:27 PM  I averred that Senior State Counsel Leah M Mutua who is the Secretary of the Advocates Complaints Commission violated the provisions of the Contempt of Court Act No 46 of 2016 aka Contempt-of-Court or of Judicial-Process or Contempt-in-Procedure, or just Civil-Contempt which are quasi-criminal in nature and consist-and-refer to conduct of parties abusing the judicial process to the irritation-and-annoyance of their opponents for purposes of interfering with the efficient-and-effective administration of justice by impeding-and-perverting the course of the same through failing to comply with court-orders, directions of tribunals or breaching of judicial-processes undertakings { Osborne's Concise Law Dictionary, P. 102  and Kenyalaw.org } and Chapter Six of the Constitution of Kenya 2010 as she continued to discharge her responsibilities as the Secretary of the Advocates Complaints Commission... as demonstrated in the Wed, Nov 16 at 5:27 PM  letter's caption below...:-

"Dear Sir / Madam,
                            Briefly, after I'd managed to complete up to between 90-95% of the ACC c/o OAG submission-presentations exhausting the issues raised by the ACC-Secretary who'd cut the Nairobi-HQ travel-lodging meeting logistics expenses to a phone-call finally called past their programmed-schedule of 'in the course of the week' between 7-11th November, 2022 this morning on Monday, November 14, 2022 repeating the same issues I'd already exhausted in my written-submissions and/or as lodged in their portal; though my phone battery died midway.
                The bone-of-contention is that the ACC-Secretary had asked on (Thursday, November 3, 2022) to  "allow me to call you in the course of the coming week to better explain what the mandate of the Commission entails;only for her to change tune on calling and instead revert to more-or-less what seemed like a 'Direct Examination' for a Deposition! 
                        I'd been psyched or prepared for a 'Tell-and-Explain' listening-session and thought I was going to be oriented on a dissection of what 'hot airs,' 'wild-goose-chases' or 'piki piki ponkies' vis-a-vis 'matters-and-facts of law' my written-submissions entailed with regards to the Advocates-Complaints-Commission mandates; yet to my surprise I got instead what appeared to be a Q&A Direct-Examination seemingly to corroborate-or-authenticate the written and portal-lodged submissions. It was a deliberate, intentional disorientation to throw an unsuspecting political-legally abused indigent off-wind for which I'd to find my own bearings in two days of reflective inquiry and conclude the above that 'twas an Oral-Deposition to corroborate and authenticate the written. 
                     I stand to be corrected if I'm mistaken and hence, feeling short-changed hereby hold the Commission and Secretary personally-and-collectively liable, responsible and accountable for any misconceptions, damages or torts accruing from the same including generally: 
              (1.):-Contempt-of-Court or Judicial-Process aka Contempt-in-Procedure, Civil-Contempt which are quasi-criminal in nature and consist-and-refer to conduct of parties abusing the judicial process to the irritation-and-annoyance of their opponents for purposes of interfering with the efficient-and-effective administration of justice by impeding-and-perverting the course of the same through failing to comply with court-orders, directions of tribunals or breaching of judicial-processes undertakings { Osborne's Concise Law Dictionary, P. 102  and Kenyalaw.org }; contrary to the Contempt of Court Act No 46 of 2016.
              My conscience rests in the 'benefit of doubt' I rendered the  Advocates-Complaints-Commission -and-Secretary in concluding 'twas rather a 'Direct-Examination' Deposition following my reflective-inquiry on their suspicious, unbecoming conducts in the opaque manner they run their operations. Otherwise, I smell a rat in ICC-Indicted mass-murderers and thieves who've taken-over the govt. with a paltry 7.1m votes outta the registered 22m voters in the name of William Ruto behind-the-scenes who's selectively had corrupt economic-crimes cartel cases of his cronies dropped as is demonstrated in the links below ; and is known to be a shrewd poacher of political-parties opponents by bribes and thus the ACC must be bending to his whims in fear of political-repercussions including losing their jobs should they deliver unfavorable judgments or attempt to bring his defendant company AMACO-INSURANCE to book and prosecute them for my KShs 10m+ damages delayed for the past 10yrs 15 months."

...In this my Petitioner-Appellant's Application I therefore seek inter alia an order to the effect that this Appellate Advocates-Complaints-Commission declares that a person shall be strictly liable for contempt of court in any case where the person does any act which interferes or tends to interfere with the course of justice in relation to any judicial proceedings. For purposes of subsection (3), it shall be immaterial whether the interference was not intentional.


(C.):-Contentious Issues Mis-interpreted In Law-and-Fact, Mis-informed, Mis-comprehended, Mis-directed, Mis-guided, Mis-led by The learned Advocates Complaints Commission and its Secretary In Arriving At Their Inconclusive, Defective, Arbitrary, Biased, Discriminative, Political-Legal Abuse Decision...Herein Exhaustively Addressed and/or Re-Addressed by Me The Petitioner-Appellant

13.-(a.):-The Mandate of the Advocates Complaints Commission

The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-

-"...if it appears to the Commission whether before or after investigation that there is substance in the complaint but that the matter complained of constitutes or appears to constitute a disciplinary offence it shall forthwith refer the matter to the Disciplinary Committee;..." ;

-"...During our tele-conversation with the complainant on 14th November 2022, I informed you that all complaints received by the Commission must first pass through the sieve to ensure that they have 'merit' or as described above, 'substance'..." ;

-"...For the Commission to decide whether or not a complaint has 'merit' or 'substance' the same is weighed based on the 'evidence' adduced otherwise what would make a complaint worth of pursuit stand out from any other allegation made by anyone against another? The Commission in its implementation of its mandate relies entirely on evidence in determining whether or not a complaint falls within the constraints of what the Commission deals with, being allegations against advocates for acts of professional misconduct..." ;

-"...You have been informed and reminded of our mandate in our letters to you and the importance of documentary evidence. Complaints without evidence are merely allegations without proof..." ;


    (b.):-Proof of Payment
The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-

-"...An advocate, as in any other profession, is entitled to legal fees for professional services rendered within the course of his professional duty. Section 46 of the Advocates Act explains more in Advocate's remuneration and further states that '... such agreement shall be valid and binding on the parties PROVIDED IT IS IN WRITING and signed by the client or his agent duly authorized in that behalf.' ..." ;
-"...In the Help Form filed and signed by yourself on 18th August 2022, you indicated that you had paid the advocate legal fees but then went ahead to state that it was an '..abuse of the court process to ask for proof of payment of legal fees...' Take note that 'He who alleges must prove'..." ;
"...Kindly note that proof of payment in your case would act as evidence that you indeed instructed the advocate, paid a retainer fee for which the Commission would then have authority to inquire from the advocate(s)under which circumstances had he/they received the money paid by you. We wish to reiterate that 'merit' or 'substance' is sourced from evidence, which in this case, is missing...."
-Petitioner-Appellant Argument:- First I was as I still am utterly shocked that the the Advocates Complaints Commission and its Secretary deliberately, knowingly, discriminatingly decided to disregard the fundamental doctrine of Common Law called the doctrine of precedent, which is captured in the Latin maxim: "Stare decisis et non quieta movere," meaning: "It is best to adhere to decisions and not to disturb questions put at rest."...
-The Kenyan legal system is descended from the British Common Law system. One of the fundamental doctrines of this Common Law is the doctrine of precedent, which is captured in the Latin maxim: "Stare decisis et non quieta movere," meaning: "It is best to adhere to decisions and not to disturb questions put at rest."
-A precedent is a judgment or decision of a court, normally recorded in a law report, used as an authority for reaching the same decision in a subsequent case. Loosely translated, the doctrine of precedent means that cases involving similar circumstances should be decided by the application of similar principles of law. . The application of this doctrine means, generally, that every court is bound to follow the decisions made by the court above it and, on the whole, appellate courts also have to follow their own decisions.
-The Supreme Court is the highest court in Kenya and its decisions are binding on the Court of Appeal, the High Court, the Magistrate's Courts as well as specialized courts and tribunals. The Supreme Court would normally also follow its own decisions unless it can overrule them so that they are set aside and cease to have the force of precedent. The decisions of the Court of Appeal are binding on the High Court and the Magistrates Courts while those of the High Court are binding on the Magistrate's Courts. The decisions of the Magistrate Courts do not in themselves create any binding precedent for any court.
-This doctrine of precedent as properly applied greatly aids in the administration of justice in the following ways:- 
(a.)-It ensures certainty in the law. People are able to order their affairs and come to settlements with a certain amount of confidence when the outcome of litigation can be predicted by referring to previous decisions of the courts.
(b.)-It ensures the impartiality and transparency of judges. Generally, a judge is bound to follow the law enunciated in a previous case unless he or she can overrule or distinguish it.
(c.)- It offers opportunities for the development of the law and the evolution of jurisprudence which cannot be provided by Parliament. The courts can more quickly lay down new principles, or extend old principles, to meet novel circumstances


   (c.):-Establishment of Advocate-Client Relationship
The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-

-"....It is imperative that you establish an advocate-client relationship while lodging a complaint against 'your' advocate for acts of professional misconduct. In the event legal fees were not paid and/or a written fee agreement is lacking, one is able to establish the same by way of correspondence between yourself as the client and the advocate discussing matters to do with the brief..." ;

-"...You allegedly instructed advocates to render professional legal services on your behalf in exchange for legal fees but you have failed to establish the existence of instructions / advocate-client relationship between yourself and the advocate(s)..." ;

   (d.):-Tort of professional Negligence and Liability
The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-
(d1.)-"...In your submissions, you further indicated that , 'My complaint's grounded in the tort of professional negligence and liability...'noting to cite the decision of the court in 'Blyth vs Birmingham, read together with the breach of duty of care '...since their professional misconducts failed to meet the statutory requirement-thresholds set by law...' We wish to reiterate as herein above that the mandate of the Commission as lying within section 53 of the Advocates Act is to deal with complaints against advocates, law firms or their employees for acts of professional misconduct, not tort..." ;
-Petitioner-Appellant Argument:-I take this solemn opportunity without need of repetition to state that this issue has been exhaustively addressed above in my Introduction where I sought leave to Amend the same to anchor or ground my Complaint No.-CC/PE/AUG/22/36 rather on Breach-of-Contract and not Tort pursuant to the provisions of Order 8 of the Civil Procedure Rules, 2010 as read together with Section 214 of the Criminal Procedure Code. 
-Furthermore I think it'll be prudent to state on behalf of the oppressed and tax-overburdened sovereign public / laity that the fact that the Commission doesn't deal with tort ain't mentioned anywhere neither in Section 53 of the Advocates Act or in the mission statements or forwards of the Advocates Complaints Commission.
-I only came across the fact by mere chance in the Office of the Attorney General's Facebook page last updated around 2020.
-The Advocates Complaints Commission hence was as still is at fault for failing to categorically have the same highlighted either in their mission statements or forwards for purposes of informing the public at large.

(d2.)-"...Further, your allegation has not been backed by any evidence authorizing us to inquire deeper into the complaint, thus lacking 'substance'..." ;
-Petitioner-Appellant Argument:-This is where the intentional, deliberate, misdirections-and-misleadings of the Advocates Complaints Commission and its Secretary comes-in with regards to behind-the-scenes corruption as concerns the world-renown impunity of the Office of the Attorney General of Kenya's specialization to always shield-and-exonerate the corrupt-executive and his economy-cartels cronies from prosecution ; as was demonstrated in the US sanctioning of the former AG Amos Wako, his wife and son.
-This is especially so cause the Advocates Complaints Commission and its Secretary's deficient allegation comes in the backdrop of when I'd jus' sent a letter on Thursday, Nov 17th 2022 at 4:10 PM to the Prosecution Counsel Peninnah Ngondi Wawira in the ODPP at penwawira@gmail.comamong others including the ACC-Secretary Leah M Mutua at leah.mutua@ag.go.ke , the  Advocates Complaints Commission at acc@ag.go.kethe Attorney General Justin Muturi at communications@ag.go.ke and civil-society-groups at large ; where the subject-matter ( Subject:-Prosecution Counsel Peninnah Ngondi Wawira in the ODPP Plea To Avail by Office-Messenger or Otherwise The Three Hard-Copy Documentary Evidences To The Advocates Complaints Commission Secretary Senior State Counsel.Leah M Mutua ) addressed squarely your unsubstantiated allegations of... 'evidence authorizing us to inquire deeper into the complaint, thus lacking 'substance'..." ;

-Did the Advocates Complaints Commission and its Secretary liaise with the Prosecution Counsel Peninnah Ngondi Wawira in the ODPP to corroborate-and-verify the same? Nope. I can only read malice in the rush-and-shoddy manner you sped shifting goal-posts to arbitrarily deliver the discriminating, political-legal abuse decision on the following day Friday Nov 18th 2022 at 4:02 PM  { Subject: Decision On  ACC COMPLAINT- CC/PE/AUG/22/36 }...Good afternoon, Kindly find attached our response to your complaint lodged with the Advocates Complaints Commission.
Yours Faithfully, }...
...devoid of the crucial documentary evidence to shield-and-exonerate the corrupt thief and ICC-Indicted executive Ruto's-AMACO INSURANCE from prosecution. Links of the same are as provided below:-



   (e.):Inconclusive, Defective, Deficient, Prejudiced, Discriminative, Arbitrary, Political-Legal Abuse Conclusion
The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-
(e1.)-"...It is noteworthy that you have failed, neglected and refused to cooperate with the Commission for the purposes of your complaint as clearly shown in your submissions..." ;

(e2.)-"...We have (in our communication to you) narrowed down what the Commission would need to pursue your complaint further but you have been insistent on explaining why what we have requested from you is not necessary..." ;

(e3.)-"...The Advocates Complaints Commission is governed not only by the Advocates Act but also the Constitution of Kenya as read together with other laws allowing the Commission to act within the confines of the Law governing it. The Commission is required to accept complaints from the public however, the complaints are scrutinized to ensure that they fall within the limits of the law, thereby giving them 'substance' or 'merit' or lack thereof..." ;
(e4.)-"...It is also within the mandate of the Commission pursuant to Section 53(4)(a) of the Act to reject a complaint lacking in merit. This complaint as is lacks merit which results from the lack of evidence and is therefore rejected..." ;

(e5.)-"...You are at liberty to appeal the decision of the Commission by exercising your rights as under Section 53(8) of the Advocates Act CAP 16..." ;

-"...Further take note that the Commission is not a court or the Disciplinary Committee. The Commission works with the Disciplinary Committee in prosecuting complaints and thus the court procedure dictates the operations of the Commission while at the Prosecution stage/before the Committee but not at the preliminary stages upon receipt of complaints..." ;

-"...Take note that we shall proceed to close our file.
Yours faithfully,
FOR: COMMISSION SECRETARY,
ADVOCATES COMPLAINTS COMMISSION.
Leah M. Mutua
Senior State Counsel..."

(D.):- The Appeal

14.-The instant appeal examines the constitutionality of the legal regime governing the Advocates Complaints Commission process that culminated in the Mis-informed, Defective and Prejudiced Decision by the Advocates Complaints Commission dated the Friday 18th November, 2022 At 4:02 PM and delivered on its behalf by the Secretary sitting in their Headquarters at Cooperative Building , 20th Floor, Nairobi, in Complaint No.-CC/PE/AUG/22/36 of I the Petitioner-Appellant Erick Otieno Mango Versus Owade & Co. Advocates and Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) where the Advocates Complaints Commission inadvertently PROCEEDED TO PREMATURELY CLOSE THE FILE Complaint No.-CC/PE/AUG/22/36 discriminatively as per the five-issues cited in their response of the PDF-Letter dated Fri, Nov 18 at 4:02 PM including:-

(a.):-The Mandate of the Advocates Complaints Commission ;

(b.):-Proof of Payment ;

(c.):-Establishment of Advocate-Client Relationship ;

(d.):-Tort of professional Negligence and Liability ;

(e.):-DEFECTIVE CONCLUSION  ;

15.-In which said counterclaim I the Appellant herein seeks against the Respondent-Advocates Complaints Commission prosecution of my Complaint No.-CC/PE/AUG/22/36 before the Advocates Disciplinary Committee / Tribunal for Breach-of-Contract 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, plus two ex-Chiefs of Suna East Amara and Odero-and-his-son, plus Peter-andPamela Mango the dysfunctional, compulsive-neurotic sex-perverts I've disowned pending due process... as detailed in the attached blog-site authorities links memos-letter correspondences to civil-society-groups and concerned authorities ; 

16.-Both unscrupulous Owade & Co. Advocates plus Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates professional misconducts' aggravated, disciplinary-offences' continuous-violations-of-the-law, series-of-crimes Breaches-of-Contract in each both different instances respectively are evident in their failures to meet the strict statutory-and-constitutional advocate-client provision-thresholds prerequisites set by law ( contrary to what lawyers 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 ) prejudiced my case and gave rise to their liabilities in Breach-of-Contract out of the losses I've incurred  and continue to incur due to their statutory-and-constitutional faults and short-comings which are the effective causes of my injuries, harms and losses ; and for which I file claims for action for damages as well as costs of the suit subject to the Legal Aid Act 2016 which establishes the National Legal Aid Service with the mandate to:-

  1. Provide legal aid services to indigent, marginalized, and vulnerable persons; 
  2. Establish a legal aid scheme to assist the indigent to access legal aid;
  3. undertake and promote research in legal aid, and access to justice with special reference to the need for legal aid services among indigent persons and marginalized groups;
  4.  administer and manage the Legal Aid Fund; and
  5.  perform such other functions as may be assigned to it under this Act or any other written law
  6.  receive grants, gifts, donations or endowments and make legitimate disbursements;
  7.  any other expenditure necessary for the purposes of this Act.
  8.  mitigate the likely occasion of loss of any right or the person who may suffer damages;
  9. mitigate denial of legal aid which would result in substantial injustice to the applicant;
  10. The  idea  of  legal  aid  is  guaranteed  by  the Constitution through two key provisions. Article 48 recognises the right of access to justice for all, it provides:

"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 gives the right to a fair hearing."

-Other provisions of the Constitution relevant to the concept of legal aid include the value of social justice under Article 10; provisions on equality before the law under Article 27; provisions on protection of marginalised and vulnerable persons and the requirement under Article 159 that justice shall be done to all irrespective of status. The overarching notion to be derived from these provisions is that it is difficult to achieve justice where one party has to compete with the elaborate machinery and resources available to the opposite party such as in my GoK imposed indigence where the defendant insurance co AMACO-INSURANCE belongs to the incumbent Ruto, thief and ICC-Indicted character ; as read together with the 



(E.):-The Amended Grounds of Appeal Are As Follows:- 

(a.):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact when they arbitrarily closed my case-file relying on contradictory and inconsistent interpretation of the law and CoK-2010 ;

(b.):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact when they intentionally outta procedure misdirected themselves to unprecedentedly reject my cogent and plausible documentary evidence on authorities based on the norm of common law practice aka precedent or case law ;

(c.):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact when they disregarded-and-failed to consider my authorities authorities based on the norm of common law practise aka precedent or case law evidences ;

(d.):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact when they irregularly omitted to accord me an opportunity to testify in a fair hearing occasioning thus a subversion-and-obstruction of the course-of-law, due-process and ultimately a premeditated failure-and-defeat of justice that were curable under PART XII–SUPPLEMENTARY PROVISIONS IRREGULAR PROCEEDINGS of the Criminal Procedure Code and as read with its relevant Sections cited herein including:- 380. Proceedings in wrong place. 381. Repealed. 382. Finding or sentence when reversible by reason of error or omission in charge or other proceedings. 383. Distress not illegal for defect in proceedings. 384. Statements irregularly under section 246.

(e.):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact in the glaring procedural errors-and-omissions they occasioned when they should have displayed more diligence in the preliminary stages ;

(f.):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact in relying on subsidiary legislation to override the express provisions of Section 77 of the parent statute since it would be an affront to Section 31 (b) of CAP 2 Interpretation and General Provisions Act. ; Judicial bodies have the obligation to interpret the laws in a purposive manner so as to illuminate the spirit of the laws

(g.):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact and occasioned the miscarriage-of-justice when they did a shoddy-and-shady job in subverting the course-of-law by not carrying-out any substantial investigations to corroborate my allegations-and-claims, and/or curtailing the same, and/or relying on incomplete-investigations with regards to material inconsistencies ;

(h.):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact by breaching-and-violating Article 159 CoK-2010 which posits that justice must be administered without undue regard to procedural technicalities ;

(i.):- THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact when they knowingly, deliberately and intentionally failed to analyze-or-evaluate the overwhelming evidence-on-record in my Complaint No.-CC/PE/AUG/22/36 to corroborate and find out the fact that me the Petitioner-Appellant had indeed established a prima-facie case ;

(j):-THAT the learned Advocates Complaints Commission and its Secretary erred in both law-and-fact by failing to exercise their discretion well or exhaustively, asa a result of which they reached the perverse, discriminative, biased, political-legal abuse decision  ;

(k.):-

(F.):-Submissions



(G.):-Prayers, Orders, Restitutions, Remedies, Reliefs and/or Legal-Redresses Sought:-

(1.):-A declaration be made that the proceedings-of-the-Arbitrary-DECISION-to-CLOSE-my-File by The Advocates Complaints Commission c/o The Secretary sitting at Cooperative Building, 20th Floor, Nairobi, delivered-and-issued on Friday 18th November, 2022 At 4:02 PM in Complaint No.-CC/PE/AUG/22/36  was illegal, null and void ab initio as they violated-and-infringed ;
(2.):-A declaration be made that the proceedings entertained by the learned Advocates Complaints Commission and its Secretary in my Advocates Complaints Commission  Complaint No.-CC/PE/AUG/22/36 were illegal, null and void ab initio as it lacked both substantive-and-procedural basis under Section 60 of the Advocates Act as read together with Section 60A of the Advocates Act and Rule ;
(3.):-A declaration be made that the Respondent Advocates Complaints Commission and its Secretary by proceeding as they did on the Friday 18th November, 2022 At 4:02 PM in Complaint No.-CC/PE/AUG/22/36 breached the law and violated-and-infringed my fundamental-rights and freedoms of me the indigent Petitioner-Appellant by denying me the right to a Fair-Hearing as contemplated under Section 60A of the Advocates Act as read together with Article 47 on administrative-dysfunctions or impunity in the context of administrative-action; plus as read together with Article 50(1) on the provision of every persons' rights to have any dispute that can be resolved by the application of the law decided in a fair and public hearing before a court or an independent and impartial tribunal or body ; as well as read together with Article 50(4) CoK-2010 provision on evidence obtained in a manners violating any rights-or-fundamental freedoms in the Bill of Rights to be excluded if the admission of such evidence would render the trial unfair, or would otherwise be detrimental to the administration of justice.
(4.):-A declaration be made that the ORDER-DECISION of the Respondent Advocates Complaints Commission and its Secretary to CLOSE-my-File as was made, delivered-and-issued on Friday 18th November, 2022 At 4:02 PM in Advocates Complaints Commission Complaint No.-CC/PE/AUG/22/36  of Erick Otieno Mango v. Owade & Co. Advocates and  Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) was illegal, null and void and of no effect ;
(5.):-An order be made that the Respondent Advocates Complaints Commission and its Secretary's DECISION to CLOSE-my-File as was made, delivered-and-issued on Friday 18th November, 2022 At 4:02 PM in Advocates Complaints Commission Complaint No.-CC/PE/AUG/22/36  of Erick Otieno Mango v. Owade & Co. Advocates and  Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) be DISCHARGED and SET ASIDE and that the Petition-Complaint as amended be restored ;
(6.):-An order be made that the Respondent Advocates Complaints Commission and its Secretary's bear the costs of this Appeal proceedings and/or that such costs be subjected to the Legal Aid Act 2016 which establishes the National Legal Aid Service ; while those costs in the subordinate Advocates Complaints Commission and its Secretary be borne by the unscrupulous defendants Owade & Co. Advocates and  Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) and/or as well be subjected to the Legal Aid Act 2016 which establishes the National Legal Aid Service ... wherever instance each applies respectively ; 
(7.):-That the Appellate-Advocates Complaints Commission Re-analyze and Re-evaluate the evidence-in-record afresh and arrive at their own independent findings... in light of the Appeal-Submissions before them as Amended Identify the Issues, Matters and Facts-of-Law for determination and after taking into consideration Principles-of-Law that guide Judicial-Processes / Courts in the determination of those issues and applying the thresholds therein to the rival positions before them, pronounce themselves on those issues ;
        -In that instance I rely on the authorities cited below including:- 
                                                                                                                 (a.):-Okeno vs. Republic [1972] EA 32 
           -where the Court of Appeal set out the duties of a first appellate court as follows:

"An Appellant on a first appeal is entitled to expect the evidence as a whole to be submitted to a fresh and exhaustive examination (Pandya vs. Republic (1957) EA. (336) and the appellate court's own decision on the evidence. The first appellate court must itself weigh conflicting evidence and draw its own conclusion(Shantilal M. Ruwala vs. R. (1957) EA. 570).  It is not the function of a first appellate court merely to scrutinize the evidence to see if there was some evidence to support the lower court's finding and conclusion; it must make its own findings and draw its own conclusions.  Only then can it decide whether the magistrate's findings should be supported.  In doing so, it should make allowance for the fact that the trial court has had the advantage of hearing and seeing the witnesses, see Peters vs. Sunday Post [1958] E.A 424."

                                                                                                                 (b.):- Kiilu & Another vs. Republic [2005]1 KLR 174  

            -where the Court of Appeal stated thus:

1. An Appellant on a first appeal is entitled to expect the evidence as a whole to be submitted to a fresh and exhaustive examination and to the appellate Court's own decision on the evidence.  The first appellate Court must itself weigh conflicting evidence and draw its own conclusions.

2. It is not the function of a first appellate Court merely to scrutinize the evidence to see if there was some evidence to support the lower Court's findings and conclusions; Only then can it decide whether the Magistrate's findings should be supported.  In doing so, it should make allowance for the fact that the trial Court has had the advantage of hearing and seeing the witnesses.

(8.):-That the Petition-Complaint No.-CC/PE/AUG/22/36 as amended herein be served upon the unscrupulous defendants Owade & Co. Advocates and  Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) ;
(9.):-A declaration be made that the Respondent Advocates Complaints Commission and its Secretary were strictly liable for contempt-of-court in my Complaint No.-CC/PE/AUG/22/36 case because of their acts-and-omissions  which interfered with the course of justice in relation to the Advocates Complaints Commission's judicial-proceedings mandates ; contrary to and violating-and-infringing the Contempt of Court Act No 46 of 2016 ; which for purposes of subsection (3), it shall be immaterial whether the interference was not intentional ;
(10.):-That the Appeal in Complaint No.-CC/PE/AUG/22/36 as amended herein be allowed ;
(11):-A declaration be made that the Respondent Advocates Complaints Commission and its Secretary by proceeding as they did on the Friday 18th November, 2022 At 4:02 PM in Complaint No.-CC/PE/AUG/22/36 breached-and-violated
the Public Officer Ethics Act, 2003 (POEA), the Leadership and Integrity Act (LIA), 2011, Chapter Six and Article 73 of the Constitution of Kenya-2010 as read together with Articles 47 on administrative-dysfunctions or impunity in the context of  administrative-action in Article 59(1) (h)(i)(k)for which I seek judicial redress pursuant to Article 3 CoK-2010 ;
(12.):-That pursuant to Rule 25 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013 The application herein be certified as urgent and service thereof be dispensed with in the first instance.
(13.):-That pursuant to Section 2, 3, 4(1)(2)(3)(5), 5(1) of CAP 78 on 'Witness Summons (Reciprocal Enforcement) as read together with Sections 64, 65(1)(5), 69, 70 of the Evidence Act CAP 80 the Appellate-Advocates Complaints Commission subpoena Penninah Ngondi Wawira, Prosecution Counsel in the ODPP  and thus compel her to produce the documentary evidences ;
(14.):-A declaration be made that the Respondent Advocates Complaints Commission and its Secretary  failed to consider the issue of admissibility, credibility and relevance of the documents-in-question prayed-for above courtesy of Penninah Ngondi Wawira, Prosecution Counsel in the ODPP as provided under Section 35 (4) of the Evidence Act and thus urge the the Appellate-Advocates Complaints Commissionto to allow the appeal as prayed ;
(15.):-


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