The family of former Starehe MP and Cabinet assistant minister Gerishon Kamau Kirima is facing a Sh3.37 billion lawyers' bill from three law firms for their services in a long-running land dispute. The law firms, S Musalia Mwenesi Advocates, Nyamu & Nyamu Co Advocates, and PC Onduso & Co Advocates, provided legal services in six consolidated court cases involving more than 970 acres of land in Nairobi. The cases attracted competing claims from people seeking ownership through adverse possession.

The dispute began after the taxing officer, Judith Omollo, awarded the law firms Sh37.3 million for their services. However, the law firms challenged the award, citing errors in the taxing officer's assessment, including the incorrect recording of the acreage of the properties and an apparent double deduction of Sh12 million already paid. The Environment and Land Court (ELC) has ordered a fresh assessment of the advocates' bill after setting aside the initial award.

The law firms' bill covers their work in six consolidated court cases involving land parcels LR No.5908/8 and LR No.6825/2, measuring 499 acres and 471 acres respectively. The cases involved claims from 300 people who sought 80 acres of LR 6825/2 through adverse possession, and Kamatuto Self-Help Group, whose 1,310 members claimed 160 acres of LR 5908/8. The court dismissed the adverse-possession claims, finding the claimants had not proved the required occupation.

Kirima, who died on December 21, 2010, at the age of 88, was a businessman and politician who built a multi-billion-shilling wealth empire through real estate, rental properties, butcheries, an abattoir, and business investments. He left behind more than 40 landed properties across Nairobi, Kiambu, Murang'a, and Kajiado, as well as shares in 11 publicly listed companies and private firms, 19 motor vehicles, machinery, and cash in bank accounts.

In a related case, Rachier & Amollo Advocates LLP separately sought Sh666.3 million in legal fees from the estate for its services in the family succession case, though the bill was subsequently taxed down to Sh84 million. The law firm rejected the award, claiming the taxing officer significantly undervalued the estate. The High Court ordered a fresh assessment in January 2026 after finding that the original taxing master's valuation process lacked a clear, transparent justification for choosing specific asset values over others.

Justice Charles Mbogo ruled that Deputy Registrar Judith Omollo's taxation could not stand and ordered the bill to be assessed afresh by another taxing officer after finding errors, including the incorrect recording of the acreage of the two properties. However, the judge upheld the taxing officer's decision not to derive the lawyers' instruction fee from the disputed property valuations. The estate opposed the application through its administrators Anne Wangari Kirima and Stephen Kamau Kuria, saying the amount awarded was reasonable and that there was no sufficient basis for disturbing the taxing officer's decision.

The court heard that all three law firms jointly represented Teresia Kirima, a former administrator of the estate, in the primary suits giving rise to the advocate-client bill of costs. The firms had earlier faced an attempt to stop taxation, but the court rejected the estate's application to strike out the bill, finding a retainer existed despite the absence of a written agreement. A February 2025 succession judgment revoked the grant previously issued to Teresia and appointed Anne Kirima and Stephen Kirima as administrators, identifying 15 beneficiaries and directing them to account for liabilities and prepare a distribution proposal.

Key points

  • The law firms seek Sh3.37 billion for their services in the land dispute.
  • The taxing officer's initial award of Sh37.3 million was set aside due to errors.
  • The court ordered a fresh assessment of the advocates' bill.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.