The High Court sitting in Kiambu has prohibited the prosecution of a city lawyer Bernard Okello Odero over a multi-million county workers dispute.
Odero whose dramatic arrest on September 10, 2026, left two police officers nursing injuries appeared at the Kibera law courts but did not take plea in a case of falsifying records at the Employment and Labour Relations Court (ELRC) following a High Court order suspending his prosecution.
Mr Bernard Okello Odero was presented before chief magistrate Stella Atambo.
The Law Society of Kenya (LSK) president Charles Kanjama served Ms Atambo with a High Court Order prohibiting the prosecution of Odero over a KES 150 million labour dispute pitting the Kenya County Government Workers Union (KCGWU).
According to the charge sheet filed at the Kibera law courts registry Mr Odero was scheduled to plead to 10 counts of forgery, resisting arrest and willful assault to two police officers Police Constables Simon Mwaniki and Stephen Ndiragu at the city lawyers Wesley House Offices in Westlands Nairobi County on September 10, 2026.
Before the charges could be read Mr Kanjama opposed the plea taking saying “the High Court has stayed/suspended this prosecution.”
Mr Kanjama served the court with the orders that had been issued by Kiambu High Court Judge Justice Bahati Mwamuye.
In the orders Justice Mwamuye prohibited the Director of Public Prosecution (DPP), the Directorate of Criminal Investigations (DCI) and Inspector General of Police (IG) from further arresting, detaining, arraigning and prosecuting Odero.
Further, Mwamuye directed the immediate and unconditional release of the advocate or any advocate, staff member or agent of the law firm who may be detained in connection with the matter.
“Pending the inter partes hearing and determination of the petitioners (Bernard Okello Odero) application dated September 11, 2026, a conservatory order be and is hereby issued restraining the respondents (DPP, IGP and DCI) jointly and severally whether directly or through their agents from arresting Odero, detaining, arraigning charging or causing to be charged the petitioner (Odero), staff member or any of Odero & Partners Advocates with respect to the matter or transactions involving Kenya County Government Workers Union including the Fee Agreement dated September 17, 2023,” ordered Justice Mwamuye.
Mr Kanjama urged the court to honour the orders issued and defer the plea pending the hearing and determination of the petition filed before Kiambu High Court.
“Your honour, 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.
Lawyer Felix Keaton teaming up with Kanjama for Odero stated that the petitioner (Odero) had won for the Union members KES 1.04 billion out of which he was to be paid KES 150 million in legal fees.
Odero later addressed the press where he said “we practice law for fun and for the fun, payment must be there".
He said legal services are expensive but acknowleged that there are cheaper options and clients have a variety of choices, including an option to negotiate and bargain with their lawyers.
"Lawyers must be paid for work done,," stated lawyer Odero after his release from Kibera Court cells.
He however vowed to sue DCI for maliciously defaming him.
According to the charge sheet, the advocate resisted arrest by the Parklands police from his office in Westlands and during that time two officers were injured.
The prosecution states that the city lawyer resisted arrest by refusing to be handcuffed, struggling and attempting to escape from police officers.
"Benard Odero Okello on September 10, 2026, at Wesley House Westlands in Westlands Sub-County willfully assaulted police constable Simon Mwaniki and police constable Stephen Ndirangu police officers who at the time of the said assault were in due execution of duty," part of the charge sheet reads.
Meanwhile, the defence team has told Ms Atambo that their client and his staff were also assaulted and they will be pursuing the matter legally.
In her ruling, Atambo stated that the court has noted the High Court orders and directed that the matter remain active in the court system without proceeding in contravention of the orders.
Atambo has deffered the plea-taking and directed that lawyer Odero be released unconditionally, in line with the High Court orders.
“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.
Justice Mwamuye fixed the case to be mentioned on October 28, 2026, to confirm compliance.
Mr Kanjama was directed to serve the court orders prohibiting prosecution of Mr Odero by September 14, 2026.
The DPP , DCI and IGP were directed to file responses to the petioners case by October 2, 2026.
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