The case that froze Argwings Kodhek’s legal career

At the height of Emergency, at a time when most lawyers kept off the Mau Mau for fear of being labelled terrorist sympathisers, Argwings Kodhek chose to represent the fighters pro bono earning himself the sobriquet “Mau Mau lawyer.”

But it was also a former Mau Mau detainee who brought his legal career tumbling down. He was accused of fraud and struck off the roll of advocates.

The case against him was brought by Josephine Muthoni Koinange, his Mau Mau client who had just finished her sentence at Kajiado Mau Mau detention camp.

Mrs Koinange alleged that whilst in detention at Kajiado mau mau detention camp in Sept 1953, she instructed Kodhek to manage her business affairs, which included rental houses.

However, on her return to Nairobi in July 1956 after her release , Kodhek gave her only Shs 1000, which she claimed was too little. She, therefore, decided to institute legal proceedings against Kodhek.

On Nov 30, 1956, the court passed the judgment in Muthoni’s favour and ordered Kodhek to pay her Shs 13,000 as rental and Shs 1,500 in legal costs. A counter claim by Kodhek was dismissed by the court.

The case gave the colonial government an opportunity to clip the wings of Argwings Kodhek, who had been a thorn in its side.

In 1957, following the ruling, the advocates committee filed a case to have Argwings Kodhek struck off the roll of advocates for professional misconduct.

Representing Kodhek was Mr J O Brien Kelly, who submitted that his client was an able criminal lawyer who had conducted a few civil cases but was completely “without business knowledge.”

The Acting Chief Justice of Kenya Mr Justice Rudd in explaining that the case was justified said: “The committee found that he was not a witness of truth, and that is a most damning finding against any advocate.” Kodhek was consequently struck off the roll of advocates.

In the following, more cases and accusations were brought against by the government and individuals. They included tax evasion, making radical anti-government statements, being a Communist sympathiser, and failing to pay his debts on time.

It wasn’t until May 9, 1968 , five years after independence and seven months before his death in a road accident, when he was re-admitted to the bar after finishing the mandatory 11 years of suspension.

Welcoming him back was Attorney General Charles Njonjo, who said he was excited to welcome his old friend and colleague to the bar.

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