Nairobi lawyer facing 10 criminal charges released after High Court blocks prosecution

A Nairobi lawyer on Friday appeared before the Kibera Law Courts to face 10 criminal counts, including forgery, uttering false documents, resisting arrest and assaulting police officers.

The lawyer, Benard Odero Okello, however, did not take a plea to the charges after the court was informed that the High Court had issued orders stopping his prosecution. He was released unconditionally.

According to the charge sheet, the prosecution alleges that Okello forged signatures on documents filed in ELRC Cause No. E068 of 2022, a dispute involving the Kenya County Government Workers Union.

The first three counts accuse him of forging the signatures of Calvince Okello, Festus Ngari and Benson Oliang’a Oriaro on a Change of Signatory and Fee Note Agreement.

The alleged offences are said to have occurred on September 17, 2023, at an unknown place in Kenya, with the prosecution alleging that Okello intended to deceive the Employment and Labour Relations Court.

A fourth count accuses the lawyer of uttering a false document contrary to Section 353 of the Penal Code.

The prosecution alleges that on November 19, 2024, at Milimani in Nairobi, Okello knowingly and fraudulently presented the alleged forged Change of Signatory and Fee Note Agreement before the Employment and Labour Relations Court during party-to-party taxation proceedings in ELRC Cause No. E068 of 2022.

The charge sheet contains further allegations concerning a claim against the Nairobi County government over alleged failure to pay full salaries and remit deductions for branch members for October and December 2021.

Counts five and six accuse Okello of allegedly forging the signatures of Benson Oliang’a Oriaro and Festus Ngari on documents relating to the claim.

Count seven alleges that he subsequently uttered the document before the Employment and Labour Relations Court during party-to-party taxation proceedings, allegedly presenting it as genuine.

The remaining three charges relate to the circumstances surrounding his arrest on September 10, 2026, at Wesley House in Westlands, Nairobi.

According to the charge sheet, Okello resisted arrest by refusing to be handcuffed, struggling and attempting to escape from police officers who were acting in the execution of their duties.

The officers named in the charge sheet are CPL James Munyao, PC Simon Mwaniki, PC(DR) Stephen Ndirangu and PC(W) Josephine Thuo.

The ninth count alleges that Okello wilfully assaulted PC Simon Mwaniki while the officer was executing his duties, while the tenth count contains a similar allegation concerning PC Stephen Ndirangu.

But even as the prosecution sought to proceed with the criminal case, Okello had moved to the High Court seeking protection against his arrest and prosecution.

Justice Bahati Mwamuye issued interim orders in chambers after considering Okello’s Notice of Motion dated September 11, 2026.

The High Court, also joined the Kenya County Government Workers Union as an interested party in the proceedings.

The court then issued a conservatory order restraining the respondents, pending the inter partes hearing and determination of the application, from summoning, arresting, detaining, arraigning, charging or prosecuting Okello, or any advocate, staff member or agent of Odero & Partners Advocates, in relation to matters touching on instructions from or transactions involving the Kenya County Government Workers Union.

Justice Mwamuye also ordered the immediate and unconditional release of Okello, and any advocate, staff member or agent of Odero & Partners Advocates who may be detained in connection with matters involving the union, including the disputed Fee Agreement.

The petitioner was directed to serve the respondents and the interested party with the application, petition and court order and file an affidavit of service by close of business on September 14, 2026.

The respondents and the interested party were directed to enter appearance and file and serve their respective responses to the application and petition.