[2012] KEHC 5483 (KLR)

[2012] KEHC 5483 (KLR)

Section 32 of the Advocates Act does not violate the Constitution as it does not amount to slavery, servitude, or forced labour; entry into the legal profession is voluntary, and the requirement for supervised practice is a legitimate regulatory measure to ensure competence and protect the public. The provision is...

Source-derived case information.

Citation
[2012] KEHC 5483 (KLR)
Parties
Applicant: Okenyo Omwansa George; Applicant: Marclus Ndegwa Njiru; Respondent: The Attorney General; Respondent: The Law Society of Kenya; Respondent: The Council of Legal Education
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
29 March 2012
Case Number
Petition 126 of 2011
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition partially allowed.
Legal Topics
Regulation of Legal Profession, Freedom From Forced Labour, Non Discrimination, Consumer Rights, Access to Justice
Source Language
english
Constitutional Law Commercial and Corporate Regulation of Legal Profession Freedom From Forced Labour Non Discrimination Consumer Rights Access to Justice

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 24 Party arguments 2
Sign in to unlock

Parties

Okenyo Omwansa George

Applicant

Marclus Ndegwa Njiru

Applicant

The Attorney General

Respondent

The Law Society of Kenya

Respondent

The Council of Legal Education

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether section 32 of the Advocates Act is unconstitutional for violating Articles 25(b), 27, and 30 of the Constitution.
  2. 2 Whether Rule 2 of the Advocates (Practice) Rules is unconstitutional for violating Articles 35(b), 46, and 48 of the Constitution.

Ratio Decidendi

Section 32 of the Advocates Act does not violate the Constitution as it does not amount to slavery, servitude, or forced labour; entry into the legal profession is voluntary, and the requirement for supervised practice is a legitimate regulatory measure to ensure competence and protect the public. The provision is age-neutral and applies equally to all advocates, serving a rational and legitimate purpose. In contrast, Rule 2 of the Advocates (Practice) Rules, which imposes a complete ban on advertising by advocates, is inconsistent with Articles 46(1) and 48 of the Constitution. The ban unjustifiably limits consumers' access to information necessary to make informed choices about legal...

Court Disposition

Petition partially allowed.

Orders

  • Section 32 of the Advocates Act is declared constitutional and not in violation of Articles 25(b), 27, or 30 of the Constitution.
  • Rule 2 of the Advocates (Practice) Rules, to the extent that it constitutes a complete ban on advertising by advocates, is declared unconstitutional and inconsistent with Articles 46(1) and 48 of the Constitution.