Mur­gor wants Ahmed­nas­sir out of Im­pe­rial case

The Star (Kenya) - - News Business - SU­SAN MUHINDI @TheS­tarKenya

The High Court will on Jan­uary 18 rule on whether the law firm of Ahmed­nas­sir Ab­dul­lahi will cease act­ing for Im­pe­rial Bank former di­rec­tors in the Sh45 bil­lion fraud case.

Coul­son Har­ney Ad­vo­cates and Njoroge Nani Mungai of Muriu Mungai will also know their fate on the same day.

Par­ties in the case made their fi­nal sub­mis­sions yes­ter­day. Lawyer Philip Mur­gor, who is act­ing for Im­pe­rial Bank, main­tained the three law firms should be dis­qual­i­fied.

Mur­gor told Com­mer­cial Judge Fran­cis Tuiy­ott that the law firm of Ahmed­nas­sir was listed as a le­gal ad­viser in the pe­riod the fraud al­legedly took place.

He ar­gued that in so far as the three law firms were le­gal ad­vis­ers dur­ing the pe­riod in ques­tion, they could con­sciously or in­vol­un­tar­ily use the in­for­ma­tion they ac­quired.

“The court must reg­u­late the con­duct of a court of­fi­cer. Ahmed­nas­sir’s rep­re­sen­ta­tion in this case is a clas­sic ex­am­ple of acute pro­fes­sional em­bar­rass­ment,” Mur­gor said.

The three law firms have, how­ever, urged the court to dis­miss the ap­pli­ca­tion re­quir­ing their dis­qual­i­fi­ca­tion from the case.

They told the court that Mur­gor failed to prove their firms’ pos­si­ble con­flict of in­ter­est.

Lawyer Ahmed­nas­sir told the court that for a lawyer to be dis­qual­i­fied, he must be in pos­ses­sion of con­fi­den­tial in­for­ma­tion from the other party, and have a rea­son­able ap­pre­hen­sion from the party that the in­for­ma­tion is likely to be leaked.

“Mur­gor has failed to show that my firm labours un­der a con­flict of in­ter­est so as to have us dis­qual­i­fied from the case,” Ahmed­nas­sir said.

Coul­son and Har­ney told the court that the ap­pli­ca­tion filed by Mur­gor has no merit be­cause their law firm is not in any way con­flicted in the mat­ter.

In a sworn af­fi­davit, Jonathan Coul­son says dur­ing his in­volve­ment on the work done by his firm in re­la­tion to the re­struc­tur­ing of IBL, there was no con­fi­den­tial or highly sen­si­tive in­for­ma­tion of IBL that was given to his firm.

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