Lawyers who have been representing businessman Charles Olimu together with his wife Shamirah Nakiyemba aka Sipapa on charges of aggravated robbery have withdrawn alleging failure to pay them legal fees.
Sipapa and Nakiyemba are currently in Luzira prison after they were remanded by Makindye Chief Magistrates Court about three weeks ago on allegations of robbing Jacob Mul Arok a South Sudanese national of more than 1.6 billion shillings. The couple is also accused of robbing such as laptops, jewelry, phones, and Television among others from other five South Sudanese on the night of August 29th, 2022 at Bunga in Kawuku, Gaba.
But in the notice of withdrawal dated September 26th, 2022 to the Chief Magistrate Makindye Court and the Officer in Charge of Luzira Upper Maximum Prison, Elgon Advocates say when they received instructions from Sipapa and Nakiyemba to take over the defense of their case, they indicated to them that they will be charged legal fees for their involvement.
“So it was clear from day one that our legal services to you were not for free or probono. To our disappointment, you have not paid even a single coin to the firm as legal fees. The nature of your case being grave and given the nature of evidence involved, your case requires a high level of research and sophisticated technical expertise to have strong defenses as counsel would have to spend sleepless nights reading the law in and out in order to ably represent you. That kind of preparedness must be facilitated and remunerated”, reads the notice in part.
According to the lawyers, despite their continued demands to Sipapa and Nakiyemba including several visits to Luzira prison where they reportedly discussed the subject of legal fees, the couple has failed or refused to pay for their services.
“All the contacts you asked us to see or meet for payment have not been helpful either. In the circumstances, we are left with no other option but to withdraw our services and efforts. Please feel free to share out address with your next lawyers to contact us for your files”, adds the notice.
Asked how much they are demanding Sipapa and Nakiyemba, one of the Partners at Elgon Advocates Lawyer Precious Nahabwe said they are demanding 100 million shillings being the amount they had asked him to pay for the entire trial. But he has reportedly failed to pay anything.
Under the Advocates (Remuneration and Taxation of Costs) (Amendment)Regulations of 2018, if a lawyer is not doing probono services, the law indicates that for instructions to defend or prosecute a criminal case, the fees shall be a sum the taxing officer considers reasonable, taking into consideration the nature, importance, complexity, and novelty of the case, the place where and the circumstances in which work or any part of it was done,
and the time expended, but the fees shall not be less than 2,000,000 shillings. The same law specifies different amounts to be charged for different services by the lawyers.
But the withdrawal of lawyers comes at the time when Sipapa and Nakiyemba have appeared in court twice, the first one being on September 9th, 2022 when the couple was first charged in court and subsequently remanded. The second case was when the couple returned to Court to be informed of the status of the investigations. The couple is expected to return to court on October 10th, 2022.
This is not the first time Elgon Advocates is clashing with its clients over matters related to failure to pay legal fees.
On August 4th 2022, the law firm which was one of the three law firms instructed to represent 23 members of the National Resistance Movement who were challenging the decision by the top organ of their party not to endorse them for the East African Legislative Assembly elections in the High Court, wrote an intention to sue demanding for 65 million shillings.
“The applications were dully and expeditiously prosecuted and concluded on the 2nd day of August 2022.”Only M/S Elgon Advocates received part payment of the fees worth 3 million shillings and other firms never received any payments despite several promises.
“In view of the above, we hereby demand from you jointly and severally we hereby do that you pay the balance of sixty-five million shillings eight hundred and forty thousand shillings within a period of five days from the date herein.
Elgon Advocates gave the aspirants five days to clear the bills or else be sued.
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