Lawyer wants condition for admission to bar struck out
From left: Advocates of the High Court Ms Silvia Kerubo, Royford Mwenda and Irene Omambia who were admitted to the bar at the Supreme Court on March 30, 2016 take a selfie. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
What you need to know:
Mr Adrian Kamotho Njenga said the Advocates Act implies that Kenyans who have law degrees are eligible to be admitted to the bar as advocates.
He has termed the disparity a blatant disobedience of the law.
A lawyer wants law degree holders to be admitted to the bar without being compelled to study for two years at the Kenya School of Law (KSL).
Mr Adrian Kamotho Njenga said the Advocates Act implies that Kenyans who have law degrees are eligible to be admitted to the bar as advocates.
Although the practice in Kenya has been that law degree holders have to take a two-year study at KSL in order to be admitted to the Roll of Advocates, Mr Njenga said the law does not set that as a mandatory requirement.
DISPUTE
In his suit filed against the Chief Justice, Judiciary’s chief registrar and the registrar of the High Court, he has termed the common mandatory practice of going through KSL an illegal admission condition imposed by the sued parties. “It is imperative that this honourable court intervenes at the earliest instance to halt the illegal admission requirement that may put to question our country’s commitment to the rule of law,” said Mr Njenga.
In case documents, the genesis of the dispute stems from the fact that Section 13 of the Advocates Act indicates that the professional and academic qualification for admission as an advocate is either a law degree from any recognised university or having passed the Council of Legal Education’s examination at KSL after obtaining a bachelor’s degree.
QUALIFIED
According to Mr Njenga, a law graduate from University of Nairobi as well as a lecturer in private universities, the failure to admit duly qualified people – that is law degree holders – as advocates, severely and negatively impacts on their dignity and social-economic rights.
He has accused the sued parties of setting an ambiguous blanket admission condition that requires all applicants to meet requirements reserved for other people. “The question of admission of advocates raised herein is of phenomenal public interest since it goes to the core of administration of justice in Kenya,” said Mr Njenga.
The lawyer added: “It is in the interest of justice and sound public policy that this sensitive matter regarding the qualifications and admission of advocates be resolved without delay.”
He has termed the disparity a blatant disobedience of the law. The judge will give directions in the case on May 22.
