A city lawyer has been sued in the High Court and reported to the Directorate of Criminal Investigations (DCI) over allegations that he failed to remit Sh58 million from the sale of a Kitisuru property, money that court documents say was intended to fund the treatment and care of a terminally ill Alzheimer’s patient.
Martin Muchoki Maina, of Martin Muchoki Maina & Associates, is accused of receiving the full Sh70 million purchase price into his law firm’s client account but transferring only Sh8.404 million to the property’s owners.
According to a suit filed in the High Court’s Commercial and Tax Division, the property, L.R. No. 4242/44 on Saunders Close in Kitisuru, was sold by the legal guardians of Dr. Kibwana Abdallah Athumani, who is described as suffering from terminal Alzheimer’s disease.
The plaintiffs state that they appointed Muchoki in April 2025 to act in the transaction, with a sale agreement executed on May 7, 2025.
The buyer allegedly paid the Sh70 million purchase price in instalments, with the final payment made in December 2025.
The plaintiffs say they issued several demand letters before the advocate allegedly acknowledged, in a letter dated June 21 2026, that he was holding the Sh58 million and undertook to release it by June 26, 2026.
They claim the undertaking was never honoured.
They are seeking recovery of the Sh58 million, a full account of all money received during the transaction, damages for breach of fiduciary duty, interest, costs of the suit, and reimbursement of legal and agency fees.
In a separate complaint to the DCI, the plaintiffs’ lawyers have requested investigations into alleged theft by agent.
The complaint claims Muchoki told his clients he had misappropriated the funds while in Dubai and alleges a pattern of missed payment promises and delayed communication.
The complainants also asked authorities to prevent Muchoki and another individual linked to the law firm from leaving the country, claiming they feared the pair might evade arrest.
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