Lawyer Benard Odero in court/HANDOUTA Nairobi lawyer facing forgery-related criminal charges was released after the High Court suspended his plea-taking at the Kibera Law Courts.
Advocate Bernard Odero had been arraigned at the Kibera Law Courts on Friday, September 11, 2026, where he was expected to take plea over 10 criminal charges arising from transactions involving the Kenya County Government Workers Union.
However, when the matter came before Chief Magistrate Stella Atambo, Odero's legal team, led by Law Society of Kenya President Charles Kanjama, presented orders issued by High Court Judge Bahati Mwamuye restraining the prosecution.
“Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application dated 11/09/2026, a conservatory order be and is hereby issued restraining the Respondents,” Justice Mwamuye ruled.
The order bars the Director of Public Prosecutions, Directorate of Criminal Investigations and Inspector General of Police from summoning, arresting, detaining, arraigning, charging or prosecuting Odero over matters relating to instructions from or transactions involving the Kenya County Government Workers Union.
The order also covers the advocate's law firm, Odero & Partners Advocates, including its advocates, staff members and agents, in relation to the same transactions and a fee agreement dated September 17, 2023.
Justice Mwamuye further directed the immediate and unconditional release of Odero and any advocate, staff member or agent of his firm who may have been detained in connection with the matter.
At the Kibera court, Kanjama urged Magistrate Atambo to honour the High Court orders and defer the plea pending the hearing and determination of the petition filed before the High Court.
“The decision of the High Court is to preserve the dignity of the court and avoid the court being misused by officers of the state to prosecute civil matters in criminal proceedings,” Kanjama submitted.
According to the charge sheet, Odero was facing forgery and uttering a false document charges relating to transactions involving the Kenya County Government Workers Union.
The prosecution alleges that on November 19, 2024, at Milimani in Nairobi, Odero 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.
He was also accused of resisting arrest and assaulting two police officers during his arrest in Westlands on September 10.
The prosecution alleges that Odero resisted being handcuffed, struggled with police officers and attempted to escape.
In his defence, however, his lawyers told the magistrate that Odero and members of his staff had also been assaulted during the incident and would pursue the matter through legal channels.
After considering the High Court orders, Magistrate Atambo said the Kibera court would keep the matter active within the court system but would not take any step that contravened the orders issued by the High Court.
“Plea taking be and is hereby stayed as ordered by the High Court, pending further directions in the petition that has been filed,” Magistrate Atambo ruled.
Odero was subsequently released unconditionally in line with the High Court directive.
The High Court petition will now determine the next course of action, with the criminal proceedings at Kibera remaining stayed pending further directions.
