A Nairobi lawyer, Benard Odero Okello, appeared before the Kibera Law Courts on Friday to face 10 criminal charges linked to alleged forgery, presentation of false documents, resisting arrest and assaulting police officers.
However, Okello did not take a plea after the court was informed that the High Court had issued orders stopping his arrest and prosecution.
He was subsequently released unconditionally.
The case is connected to a dispute involving the Kenya County Government Workers Union and proceedings before the Employment and Labour Relations Court (ELRC).
According to the charge sheet, the prosecution accuses Okello of forging signatures on documents filed in ELRC Cause No. E068 of 2022.
The first three counts concern the alleged forgery of signatures belonging to Calvince Okello, Festus Ngari and Benson Oliang’a Oriaro.
The signatures are said to have been placed on a Change of Signatory and Fee Note Agreement.
The alleged offences are stated to have taken place on September 17, 2023, at an unknown location in Kenya.
The prosecution claims the documents were allegedly forged with the intention of deceiving the Employment and Labour Relations Court.
A fourth charge relates to the alleged uttering of 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 disputed Change of Signatory and Fee Note Agreement before the ELRC.
The document was allegedly presented during party-to-party taxation proceedings in the employment dispute. The prosecution maintains that Okello presented the document as genuine despite the allegation that it had been forged.
The charge sheet also contains allegations relating to a claim involving the Nairobi County Government.
The dispute concerns claims that full salaries were not paid and deductions were not remitted 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 connected to the claim.
A further count alleges that he later presented the document before the Employment and Labour Relations Court during taxation proceedings, allegedly representing it as an authentic document.
The final three charges concern events surrounding Okello’s 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 with police officers and attempting to escape while the officers were carrying out their duties.
The officers named in the charge sheet are Corporal James Munyao, Police Constable Simon Mwaniki, Police Constable (DR) Stephen Ndirangu and Police Constable (W) Josephine Thuo.
The ninth count accuses Okello of wilfully assaulting PC Simon Mwaniki while the officer was performing his duties.
The tenth charge contains a similar allegation involving PC Stephen Ndirangu.
Despite the prosecution’s attempt to have the criminal case proceed, Okello had already moved to the High Court to challenge his arrest and prosecution.
Justice Bahati Mwamuye considered his Notice of Motion dated September 11, 2026, and issued interim orders in chambers. The High Court also joined the Kenya County Government Workers Union as an interested party in the proceedings.
In the orders, the court issued a conservatory order stopping the respondents, pending the inter partes hearing and determination of the application, from summoning, arresting, detaining, arraigning, charging or prosecuting Okello.
The order also covers any advocate, staff member or agent of Odero & Partners Advocates in relation to matters concerning instructions from or transactions involving the Kenya County Government Workers Union.
Justice Mwamuye further directed the immediate and unconditional release of Okello, as well as any advocate, staff member or agent of Odero & Partners Advocates who could be detained over matters involving the union, including the disputed Fee Agreement.
The High Court directed Okello to serve the respondents and the interested party with the application, petition and court order. He was also required to 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 responses to the application and petition.
The orders mean that the criminal proceedings against Okello will not proceed for now as the High Court considers the issues raised in his application.
