Lawyer Benard Odero has described his arrest as a targeted “manhunt”, alleging that the criminal case against him was part of an attempt to intimidate him over a Ksh150 million legal fee dispute with former clients.
Speaking after his release, Odero questioned the circumstances surrounding his arrest, arguing that the dispute was fundamentally commercial and should not have been turned into a criminal matter.
The advocate said he had represented his former clients in an Environment and Land Court case that resulted in a Ksh1.04 billion judgment in their favour.
According to Odero, the parties had agreed on legal fees amounting to Ksh150 million. He alleges that the clients later withdrew approximately Ksh700 million from the judgment proceeds without settling the fees owed to his firm.
He said the disagreement subsequently moved to court, where he obtained orders stopping further payments to the clients as he pursued recovery of his legal fees.
Odero further claimed that his former clients later proposed paying him only Ksh1.5 million against the Ksh150 million he says was agreed upon, an offer he rejected.
It was against this background, he said, that his arrest came at a particularly sensitive time.
Odero alleged that he was arrested without first being issued with formal summons and suggested that the timing was intended to pressure him into settling the fee dispute before another commercial court hearing scheduled for October.
He described the events as a “manhunt”, maintaining that the criminal charges were being used to exert pressure on him rather than address a genuine criminal offence.
The lawyer also took issue with claims surrounding the reason for his arrest, particularly allegations that he had forged instructions relating to the case.
Odero questioned the logic of such an allegation, arguing that the clients were still benefiting from the Ksh1.04 billion judgment he had secured while representing them.
He said he intends to challenge the allegations and pursue legal action against the DCI over what he considers defamatory statements made about his arrest and the case.
His colleague, lawyer Felix Keaton, separately criticised the manner of Odero’s arrest, describing it as a “commando-style” operation and alleging that advocates and staff at Odero’s chambers were harassed during the incident.
Keaton also said the dispute was fundamentally about legal fees and accused the authorities of being used to intimidate Odero ahead of the pending commercial proceedings.
The High Court subsequently intervened in the matter, with orders directing Odero’s immediate and unconditional release and restraining further prosecution pending the court proceedings.
Odero has maintained that he will fight the criminal charges, saying his case is also about establishing whether advocates can enforce legitimate fee agreements without being subjected to criminal proceedings by dissatisfied clients.