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{
    "id": 1552007,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1552007/?format=api",
    "text_counter": 790,
    "type": "speech",
    "speaker_name": "Sen. Mungatana, MGH",
    "speaker_title": "",
    "speaker": null,
    "content": "required within the counties include architectural services, road building contractors and others like water engineers and electrical engineers, who do not exist within the county's capacities. So, it should not be limited to lawyers. I think it should cut across if this petition were to succeed the way Mr. Laban wanted. Madam Temporary Speaker, how do we deal with excessive legal fees, such as the Kshs1.3 billion quoted in Nairobi, which the courts agreed to award to a single advocate? How do we address such issues? I believe the executives in counties facing problems with legal fees and audit queries have been complicit in allowing the charging of excessive legal fees. The solution is not to target all lawyers. Even the recommendations in this report acknowledge that, in some cases, complex legal matters may require the expertise of external lawyers. We should not debate that point, as it is a given. My colleague mentioned that, as an advocate or lawyer, one is trained to handle both simple and complex matters. However, the truth is that individuals who have dealt with land cases over an extended period often acquire specialized knowledge, experience and expertise in that area. Some of these cases can be very complex. Therefore, I believe it is important for the country to understand that there should be provisions for agreements on the legal fees that can be charged for any case. You do not have to adhere strictly to the remuneration order. You can always establish an agreement on legal fees. For instance, the advocate who charged Kshs1.3 billion for work that ended in a consent judgment, a consent reached between Nairobi County and the military. They could also have an agreement on the legal fees in the same manner they agreed on the consent to resolve and finalize the matter. The real question is, are the executives, the Council of Governors (COG) and the governors in this country being honest? Why can we not agree that for every case, there should be a proper legal fee agreement that does not surpass a certain percentage of the budget allocated for that particular year? A previous speaker made a very good point, that you cannot contract what you cannot manage. It is unreasonable to commit to paying Kshs1.3 billion to one law firm when only Kshs20 billion available for essential services such as water, housing, salaries and other needs in Nairobi County. You cannot claim that Kshs1.3 billion will go to a single lawyer. I believe contracts must be clear and aligned with the budgets available. Legal fees contracts must be agreeable to both the lawyers and the executive. If the instructions come from a county assembly, there should be a well-drafted legal fee agreement. Moreover, this principle should be standard across all professions, whether engineers, architects, land surveyors or any other services that require external contracting. People should not be allowed to submit their fee notes arbitrarily. There should be an agreement in place that reflects the funds allocated to the county by this Senate. Lawyers should not be permitted to present fee notes as they please, based solely on the remuneration order. It should not be acceptable for architects to simply present their fees based on the Architects Act, or for land surveyors to do the same. There must be a clear agreement in place. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}