MP Barasa’s helicopter, cars seized over Sh4.4 million lawyer debt

The auctioneers left the seized properties in the MP's custody for seven days before removal and sale.
A helicopter, six vehicles, and household items belonging to Kimilili MP Didmus Barasa have been seized by auctioneers in a move to recover a Sh4.4 million legal debt he owes a law firm that defended him in an election petition.
The assets, including a helicopter valued at Sh2 million and cars worth between Sh500,000 and Sh1 million, were attached by Betico Auctioneers on behalf of Nchogu Omwanza & Nyasimi Advocates, who represented Barasa in a 2022 petition filed by lawyer Bryan Khaemba.
The auctioneers left the seized properties in the MP's custody for seven days before removal and sale.
"We have proclaimed the judgment debtor’s movable properties and left them in their custody pending their action within seven days from the date hereof. After that, we will remove them to our yard for sale to recover the amount owed and our costs," a notice from the auctioneer read.
According to court records, Barasa had agreed to pay the law firm Sh5 million for legal services and only paid Sh1 million.
Lawyer Omwanza Ombati stated that the firm successfully defended Barasa, leading to the dismissal of the petition on November 22, 2022.
Despite repeated attempts to recover the outstanding amount, the law firm said the MP failed to clear the balance, forcing them to seek court enforcement.
Barasa, in his defence, argued that the firm did not deserve the balance since the case was struck out at the preliminary stage and never went to full trial.
However, Justice Josephine Mong’are dismissed the MP’s argument in a ruling delivered in December last year. She ruled that the law firm was entitled to the full agreed legal fee once it committed to the case and rendered its services.
"I find and hold that the balance of fees amounting to Sh4,000,000 is due and payable to the advocates as per the said advocate-client fee agreement," she ruled.
The judge also criticised Barasa’s defence as lacking merit. "His defence was a sham and a mere denial that failed to raise any triable issues or valid challenge to the claim," she added.
The law firm is now demanding a total of Sh4.46 million, which includes interest of Sh466,410. Both parties are expected to appear in court next week for a status update on the matter.