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, 20th 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….......................................................
………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
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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, 20th 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).
-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 ;
