Nairobi lawyer Benard Odero Okello has been unconditionally released after appearing before the Kibera Law Courts on 10 criminal charges ranging from forgery of signatures to assault of a police officer and resisting arrest.
The release follows interim orders issued by the High Court stopping his arrest and prosecution. Okello did not take a plea after the court was informed that High Court orders had been issued restraining the prosecution from proceeding with the case.
The intended charges include forgery, uttering false documents, resisting arrest and assaulting police officers. 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 the lawyer 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 forgery is said to have occurred on September 17, 2023, at an unknown location in Kenya. Prosecutors allege that the document was forged with the intention of deceiving the Employment and Labour Relations Court.
A fourth count accuses Okello 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 disputed 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 also contains allegations relating to a claim against the Nairobi County Government over the alleged failure to pay full salaries and remit deductions for branch members for October and December 2021. Counts five and six allege that Okello forged the signatures of Benson Oliang’a Oriaro and Festus Ngari on documents connected to the claim.
Count seven alleges that he subsequently presented the document before the Employment and Labour Relations Court during taxation proceedings, allegedly passing it off as genuine.
The final three charges arise from the circumstances 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 executing their duties.
The officers named in the charge sheet are Corporal 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 carrying out his duties. The tenth count contains a similar allegation involving PC Stephen Ndirangu.
However, the criminal proceedings were halted after Okello 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. In the orders, Justice Mwamuye 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. The order also covers 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.
The judge further ordered the immediate and unconditional release of Okello, as well as 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 High Court directed Okello to serve the respondents and the interested party with the application, petition and court order and to file an affidavit of service by close of business on September 14, 2026.
