Kenya is committed to advancing regional peace and security, recognising that enduring stability is the foundation of shared prosperity across our region.
We are ready to support capacity building and institutional preparedness of South Sudan’s electoral agency ahead of the elections scheduled for later this year.
The support reflects our shared responsibility to strengthen democratic processes and ensure credible and peaceful electoral outcomes.
Met South Sudan Presidential Special Envoy Tut Gatluak Manime, State House Nairobi. He brought a special message from President Salva Kiir Mayardit.
Also present were South Sudan Foreign and International Cooperation minister Monday Semaya Kumba and Tumaini Initiative Chief Mediator Lazarus Sumbeiywo.
SOME TRUTHS ON LEGAL FEES:
1. Legal representation is a Constitutional Right accorded all including Central & County Governments. Any Statute in contravention of the Constitution is void. You can’t deny either branch of government from outsourcing legal services. How come Government outsources engineering and construction services with no complaint? Engineering services isn’t a Constitutional Right!
2. Legal fees are regulated by The Advocates (Remuneration) Order. Where legal fees have not been assessed/taxed by the Court, it is incumbent upon Controller of Budget to confirm the legal fees accord with the Scales. Legal fees cannot be more than 3% of the sum in dispute or value of the subject matter.
3. Where there is dispute on legal fees, the High Court has final say. Once the High Court determines legal fees payable, a Decree of the Court is issued and the decretal sums become a public debt & no longer a pending bill. A Court Decree moves all the decreed sums to a pot of public debt & no longer a departmental debt.
4. Total pending Bills by both Governments are in excess of Kshs One Trillion! Kshs. 39B is less than 4% of the pending bills. There is need to have a public breakdown of all public debts so that lawyers isn’t the bogeyman of public ire.
5. EACC & CoB have Constitutional mandate to ascertain veracity of all legal fees. And whether the instructions to a lawyer were genuine or fraudulent. And EACC can follow the money trail!