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LSK Response-Advocate Nyaingiri Complaint

The LSK Kericho Chapter received a complaint from Advocate Momanyi Thaddeaus regarding issues with a court file related to a 2024 application, including missing documents and unauthorized access. An investigation revealed that the application was incomplete, with no official application filed, and the advocate's practicing status was inactive for 2025. The chapter concluded that no documents were tampered with and urged the advocate to comply with court directions.

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76 views3 pages

LSK Response-Advocate Nyaingiri Complaint

The LSK Kericho Chapter received a complaint from Advocate Momanyi Thaddeaus regarding issues with a court file related to a 2024 application, including missing documents and unauthorized access. An investigation revealed that the application was incomplete, with no official application filed, and the advocate's practicing status was inactive for 2025. The chapter concluded that no documents were tampered with and urged the advocate to comply with court directions.

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cindydana746
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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(KERICHO CHAPTER)

Our Ref: LSK/KCO/LT/002 Your Ref: TBA Date: 14th February 2025

RE: RESPONSE TO THE COMPLAINT BY MOMANYI THADDEAUS NYAINGIRI MARTIN,


ADVOCATE OF THE HIGH COURT OF KENYA (P.105/5358/04) IN RESPECT OF KERICHO
CHIEF MAGISTRATE’S COURT MISCELLANEOUS APPLICATION NO. E053 OF 2024:

The leadership of LSK Kericho Chapter received a complaint from Momanyi


Thaddeaus Nyaingiri Martin, (hereinafter referred to as ‘the Advocate’) vide
Kericho Chapter, LSK WhatsApp platform on the 13th day of February 2025. The
Complaint is summarized hereunder as follows;

1. That the advocate filed an ad litem miscellaneous application in the year 2024
being Ad litem cause No. 53 of 2024. (But we found out that the case is
MCSUCCMISS/E058 OF 2024 ESTATE OF KIPROTICH BOROR; PETITIONER
CATHERINE CHELANGAT).

2. That by omission, the death certificate was not filed.

3. That the then Chief Magistrate requested for the death certificate to be availed
to which the advocate complied.

4. That out of blue, an individual by the name Vestus Langat had access to the
said file at the Registry and he removed some documents and replaced with
others.

5. That the said Advocate raised the issue with the Court Administrator and sought
audience with the Chief Magistrate over what he termed ‘accessibility of his file
by the strangers’.

6. The Advocate further stated that he has since established the collaborators in
the matter.

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7. Further, it is was his complaint that instead of addressing his grievances, the
Chief Magistrate asked for his 2025 Practising Certificate on a matter that he
filed in 1924 (We assumed it was a typo error and take that he meant 2024).

On the 14th day of February 2025, we embarked on investigating the matter and
these are the findings:

a. We perused the said court file and unearthed the following;

i. The case was filed on 13th May 2024

ii. The documents in the file are; Certificate of Urgency, Supporting


Affidavit that was not commissioned, Chief’s Letter, Certificate of
Official Search and the death certificate.

It is worth to note that there was no Application.

b. We further requested to access the CTS portal to find out what had been
filed since they ought to correspond to what are in the file and these are
the documents;

i. Certificate of Urgency
ii. Supporting Affidavit not commissioned
iii. Chief’s letter, and
iv. Certificate of Official Search
It is worth to note further that there was no application.

c. On the 17th May 2024, the then Chief Magistrate, gave the following
orders;

“Decline since there was no death certificate”

d. On the 13th February 2025, the Chief Magistrate gave the following
directions;

“The file is incomplete, there is no application. There is only Certificate


of Urgency. The supporting affidavit is not commissioned. The search
engine for advocates shows that the Advocate’s status is inactive for
the year 2025. Kindly regularize and then we can hear the matter.”

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Having in mind the above findings, our respectful conclusion is as follows;

a. The miscellaneous application was incomplete for reason that there was no
application in the Court file and the CTS System

b. The supporting affidavit in both the Court file and the CTS are not
commissioned.

c. All the documents that were filed in the CTS system are the same as those in
the court file

d. The death certificate was brought after the case had been filed by the
Advocate placed in the court file as admitted by the Advocate and the
Registry staff.

e. The advocate’s search engine indicates that as at today, the 14th day of
February 2025, the Advocate’s status is inactive meaning he has no practising
certificate for the year 2025 as rightly observed by the Chief Magistrate on
the 13th February 2025.

f. No one removed nor replaced the documents of the Advocate in the court
file. (If that was the case, the documents in the CTS system and those in the
Court file would not be the same).

We respectfully, urge the advocate to comply with the directions of the court issued
on 13th February 2025.

We wish to reiterate that it is a mandatory requirement for all the advocates to take
out current Practising Certificate. To that effect, a notice shall be issued.

FOR: LSK KERICHO CHAPTER:

J.K Mitei
Chairperson
CC: Chief Magistrate Kericho Law Courts,
Court Administrator Kericho Law Courts,
Deputy Registrar Kericho Law Court
_______________________________________________________________________________
Joash Mitei (Chairperson), Nelly Chelimo (Vice- Chair), Evanson Kirui (Secretary Gen.), Naima Kirui
(Treasurer G.K Kiletyen (Organising Secretary), Joshua Mutai (Senior Bar Rep), Gilbert Kemboi (Mid-
bar Rep), Gilbert Ngetich (In-House Rep), J.K Mutai (Rep to Branch).

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