JUDGMENT OF THE COURT
[1.] This is an appeal against the judgment and decree of the High Court (Khaminwa, J.) allowing the respondents’ suit and entering judgment for the respondents against the appellant for Shs. 66 million with interest and costs.
[2.] The respondents are the legal representatives of Jeremy Kambogo Njau (deceased) who died after giving evidence but before the determination of the suit. The deceased pleaded in the suit, amongst other things, that by an agreement dated 28th January 2002, the appellant commissioned him to prepare and negotiate with engineer’s representative, the Government of Kenya through the office of the President and other stakeholders for payment of the appellant’s claim for Shs. 626 million, that the appellant agreed to pay fees at 40% of the total claim payable when the cheque is released and cleared by the appellant, that the deceased successfully negotiated for an agreement whereby the appellant was to be paid Shs. 466,764,461/80; that the debto…