In early December 2024, a notable event occurred in Kenya’s legal community. Justice Agnes Nzei was delivering a judgment in an employment dispute involving Mombasa law firm Kadima & Company Advocates and a former lawyer, John Makokha Afwokoh Saisi.
Midway through her judgment, Justice Nzei stated that the defendant, Kadima & Company Advocates, had not provided any evidence in the case.
This statement surprised many, as the law firm, led by experienced lawyer Francis Kadima, had indeed submitted several documents to the court.
The case centers on Mr. Saisi’s claim that he is owed over Sh32 million by Kadima & Company Advocates. Mr. Saisi, who was disbarred between 2001 and 2007 for misappropriating client funds, alleges that the owed amount includes monthly allowances, leave allowances, severance pay, and a commission from a land sale in which the law firm represented the seller.
Additionally, he seeks damages, with the amount to be determined at the judge’s discretion.In response, Mr. Kadima contends that he went to great lengths to assist Mr. Saisi after his disbarment.
He represented Mr. Saisi at the Advocates Disciplinary Committee without charge, covered his travel expenses to Nairobi for hearings, and offered him employment despite his previous misconduct.
Furthermore, Mr. Kadima secured professional indemnity insurance to protect the Law Society of Kenya from potential claims arising from any future misconduct by Mr. Saisi.
He also paid Sh600,000 for Mr. Saisi’s Master’s degree at Salford University in England.
The situation took an unexpected turn when Justice Nzei, after stating that the defendant had not provided evidence, abruptly halted the delivery of her judgment.
She announced that she would deliver the full judgment on a later date, leaving both parties and observers puzzled.
This incident has raised several questions within Kenya’s legal circles. It is uncommon for a judge to pause the delivery of a judgment, especially after making a statement about the evidence presented.
The reasons behind Justice Nzei’s decision remain unclear, leading to speculation about potential procedural issues or new developments in the case that may have prompted the delay.
The case itself highlights the complexities that can arise in employment disputes, particularly when they involve individuals with controversial professional histories.
Mr. Saisi’s repeated disbarments for financial misconduct add a layer of complexity to his claims against Kadima & Company Advocates.
On the other hand, Mr. Kadima’s efforts to rehabilitate and support Mr. Saisi demonstrate a commitment to offering second chances, despite the risks involved.
The forthcoming judgment is anticipated to provide clarity on the issues at hand and offer insights into the court’s stance on employment claims involving individuals with prior professional misconduct.
The unexpected pause in the delivery of the judgment by Justice Nzei has added an element of intrigue to an already complex case.
The legal fraternity and the public await the final judgment, which is expected to address the substantive issues raised and shed light on the court’s reasoning behind the abrupt halt in proceedings.
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