City lawyer Nyachoti files Ksh.5.9 billion legal bill in Foxcapital-KCB dispute

Lawyer Philip Nyachoti, through Nyachoti & Company Advocates, has filed an advocate-client bill of costs seeking more than Ksh.5.9 billion in professional fees arising from a commercial dispute between Foxcapital Investment Limited and KCB Bank Kenya Limited.

The bill relates to Milimani HCCC No. 533 of 2026, in which Foxcapital sued KCB over funds it claimed the bank had received but allegedly failed to credit to its account.

According to court documents cited in the bill, Foxcapital claimed that KCB had unlawfully withheld EUR978,675,835 and sought a declaration that the alleged failure to credit the funds amounted to a breach of contractual, fiduciary and statutory duties.

The company also sought a mandatory injunction compelling KCB to release and credit the funds to its account at the bank’s Sarit Centre Branch.

The amount claimed was equivalent to approximately Ksh.145.607 billion based on the exchange rate cited when the suit was filed.

Foxcapital further sought interest on the claimed amount at commercial banking rates, compounded from February 8, 2026, as well as damages arising from alleged loss of business and opportunity costs, including third-party claims.

In the advocate-client bill, Nyachoti & Company Advocates has listed professional services undertaken in relation to the case.

The bill includes an instruction/getting-up fee of Ksh.728,103,620.32, alongside separate charges for preparing and engrossing various pleadings and applications.

These include an application under a certificate of urgency, the plaint, lists of witnesses and documents, a witness statement, hearing notices, a supplementary affidavit, written submissions, a list and bundle of authorities and a chamber summons application.

The advocates have also claimed fees for attending the court registry to file documents and serving the defendant.

Other entries relate to receiving and perusing documents filed by KCB, including its notice of appointment, grounds of opposition and notice of preliminary objection.

The bill records a balance brought forward of Ksh.5,912,451,531.29, which subsequently rose to Ksh.5,912,484,561.29 after additional items were entered.

The advocate-client bill comes against the backdrop of the wider commercial dispute involving the alleged EUR 978.675 million funds.

The bill is a claim for professional fees and related expenses and does not amount to a final court award. Any amount payable will be determined through the applicable taxation and court process.