Members of Parliament were yesterday put on the defensive when lawyer Ahmednassir Abdullahi questioned their motive for summoning him over the multi-million shilling maize scandal that has grounded operations of the National Cereals and Produce Board.
Ahmednassir accused the members of the parliamentary investment committee of trying to intimidate him by summoning him to appear before the committee for the mere reason that he was representing his client—Erad company— which is at the centre of the scandal.
“I was surprised when I got the letter of invitation to appear before this committee to reveal the details touching on lawyer- client confidentiality. It is not proper to ask a lawyer in private practice why he is acting for a certain client— this is a cardinal principal of legal practice,” said Ahmednassir.
“Parliament should have taken legal advice before summoning a lawyer in private practice to appear. It is cheap to ask about my fees,” he said but later withdrew the “cheap” remarks.
The committee was looking into complaints by businessman Brian Yongo that Ahmednassir had ensured that Erad got a favorable ruling in court at the expense of NCPB. Yongo also explained that Ahmednasisir was a shareholder in the company which is demanding Sh267 million which is the balance of Sh564 million it was demanding from the cereals board for alleged breach of contract.
Erad is one of five companies contracted by the NCPB to import 18,000 tones of maize during the 2004 drought. The company did not supply a grain of maize and when the NCPB terminated the contract, the company sued claiming the contract had been breached.
Yesterday, a member of the committee said they were caught off-balance by Ahmednassir's strategy to put them on their defense as the members were not able to question him thoroughly.
Committee chairman Aden Keynan (Eldas) attempted to defed the committee saying the summons were constitutional.
“It would have been very unfair if we could not have afforded you this chance to come and clear your name because this committee has the custody of serious allegations against you. We did it in good faith for you to clear the air because the issue of NCPB is critical to the Kenyan public. It is in the interest of the committee that the report we craft after the investigations is conclusive,” Keynan said.
“The powers of this committee give us the authority to summon anyone adversely mentioned or a witness we feel can help this committee. What we are investigating are claims that go beyond the practice of legal profession. He (Ahmednassir) is really venomous but we just want to find out a few things because the matter involves the public,” said Oburu Odinga, committee member.
Ahmednassir blamed the NCPB for being an accomplice in the maize scandal. He told the committee that the NCPB's lawyers had failed to apply for a stay decree which was not only 'negligent' but was a 'costly mistake' which was now haunting the board.
Ahmednassir also blamed former Agriculture PS Romano Kiome of assisting the NCPB in the loss of public money and assets.
“The attorney general had successfully prevailed against attaching maize and other assets because it is the property of the people of Kenya. But Kiome told him that he should leave the matter to them and that was the last time the AG intervened,” he said.
Ahmednassir also questioned the motive behind the numerous lawyers on record as representing the NCPB and said their role should be investigated. "With so much available legal aid, how did the board end up losing the case?" Ahmednassir said.
The lawyers who represented the NCPB included Juma Kiplenge, Joshua Nyawara, Mohammed Nyaoga, Katwa Kigen and one Lutta among others.
Ahmednassir also revealed that Yongo, who is one of the complainants, is also on record as having acted as the lawyer for the NCPB despite "his class eight education!"
“All these lawyers are acting for the board. By the arrival of Nyaoga, who is a competent lawyer, where it has reached, the case has already died. It has been killed by an inconsiderate “doctor” and a “nurse,”he said.
He dismissed Yongo's claims that he had influenced the court to deliver a decision in favor of Erad saying he was 'the champion' of reforms in the judiciary and therefore he could not turn against the course he has fought so hard to ensure it succeeds.
“Yongo is a petty conman and everyone knows that in this town. He can swear an affidavit of any nature and deny it the next minute. He made my pupilage allegations even before I knew him,”Ahmednassir said in reference to Yongo's claims that he had fast tracked the Erad appeal hearing and determination.
“I used to associate with him socially but professionally I avoid him like the plague because the number of lawyers he has extorted is huge.”Ahmednassir added.
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