[2017] KEHC 3903 (KLR)
The court found that Franklin Juma, a second-year law student at Mt. Kenya University, unlawfully appeared and purported to act as an advocate before the court, facilitated by the law firm of Osero & Co. Advocates. The court held that only qualified advocates may practice before it, and any person masquerading as an...
Source-derived case information.
- Citation
- [2017] KEHC 3903 (KLR)
- Parties
- Plaintiff: Camilita Akinyi Odebero; Defendant: Wilfred Barasa Opondo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 12 of 2012
- Procedural Posture
- Civil Suit / Ruling on Unauthorized Appearance by Unqualified Person
- Outcome
- Orders for disciplinary and investigative action; show cause hearing for advocate.
- Judges
- DN Musyoka
- Legal Topics
- Unauthorized Legal Practice, Court Ethics, Disciplinary Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Camilita Akinyi Odebero
Plaintiff
Wilfred Barasa Opondo
Defendant
Procedural Posture
Civil Suit / Ruling on Unauthorized Appearance by Unqualified Person
Legal Issues
- 1 Whether Franklin Juma, a law student, unlawfully appeared and acted as an advocate before the court.
- 2 Whether the law firm of Osero & Co. Advocates facilitated unauthorized practice before the court.
- 3 What disciplinary or legal action should be taken against the student, the law firm, and the law school.
Ratio Decidendi
The court found that Franklin Juma, a second-year law student at Mt. Kenya University, unlawfully appeared and purported to act as an advocate before the court, facilitated by the law firm of Osero & Co. Advocates. The court held that only qualified advocates may practice before it, and any person masquerading as an advocate must face legal and disciplinary consequences. The court ordered that its ruling be forwarded to relevant regulatory and investigative bodies for appropriate action, and directed Mr. Osero to appear before the court to show cause why he should not be sanctioned for his role in the events.
Court Disposition
Orders for disciplinary and investigative action; show cause hearing for advocate.
Orders
- This ruling to be made available to the Law Society of Kenya, the Dean Mount Kenya University Law School, the Director of Public Prosecutions, and the Director of Criminal Investigations for appropriate action.
- Mr. Osero to appear before the court on 31st July 2017 to show cause why he should not be sanctioned.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 12 OF 2012 (OS)
CAMILITA AKINYI ODEBERO………………………………….….……..….PLAINTIFF
VERSUS
WILFRED BARASA OPONDO………….….…………………….…….…DEFENDANT
RULING
1. The court record indicates that a Mr. Juma appeared for the defendant on 15th June 2017 and held brief for counsel for the defendant on 27th July 2017. He had addressed court and purported to have instructions from the defendant and the advocate on record to handle the matter before me.
2. I have noted the statement from Ms. Irene Ndegwa, an advocate of this court, and a Lecturer at Mt. Kenya University Law School where Mr. Juma is a student. I am grateful to counsel for giving details of the student.
3. The dignity of this court and its processes must be upheld at all times. Only persons who qualify to practice before the court should indeed practice here. No one should be allowed to masquerade as an advocate of this court. Anyone who purports to do so ought to face the full force of the law.
4. Action no doubt ought to be taken against Franklin Juma, the second year student at Mr. Kenya University Law School, whose student registration number is BLaw/38447/2015. Action should also be taken against the law firm of Messrs. Osero & Co. Advocates who appear to have facilitated Mr. Juma to masquerade before this court as an Advocate. The administration at Mt. Kenya University Law School should also take disciplinary action against the student. It should not be seen as if our law schools are preparing dishonest persons to join the bar as practitioners.
5. To that end, I shall hereby order that this ruling, in certified form, be made available to the Law Society of Kenya, the Dean Mount Kenya University Law School, the Director of Public Prosecutions and the Director of Criminal Investigations so that the said agencies may take such action as may be appropriate in the circumstances.
6. In the meantime, Mr. Osero, as an Officer of this court shall appear before me on 31st July 2017 to show cause why he cannot be sanctioned by the court with regard to the events of today and of 15th June 2017.
DATED, SIGNED and DELIVERED at NAIROBI this 27TH DAY OF JULY, 2017.
W. MUSYOKA
JUDGE