Murgor wants Ahmednassir out of Imperial case
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.