Court orders lawyers to obey LSK dress code

Nairobi, Kenya: The High Court has ordered lawyers to adhere to the Law Society of Kenya (LSK) Revised Dress Code.

High Court Judge Justice David Majanja dismissed a case seeking to declare the Advocates Revised Dress Code (2013) unconstitutional.

The dress code sparked public debate as it barred female lawyers from wearing revealing clothes including sleeveless shirts or dresses. It also made it mandatory for male Advocates to appear in court clad in dark coloured suits.

Lawyer Andrew Barney Khakula sued LSK and the Attorney General on January 24 arguing that the dress code violated Article 47 of the Constitution that guaranteed fair administrative action.

“The petition is frivolous and dismissed with costs to the first Respondent (LSK),” Justice Majanja ordered.

Following the Judgment, LSK CEO Apollo Mboya dispatched a circular to the 10,240 Advocates countrywide to abide by the Revised Dress Code.

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“Members are now expected to adhere to the dress code for appearance before courts and Tribunals,” Mboya said.

The CEO warned that Advocates who appeared in court or tribunal dressed contrary to the code will be committing a professional misconduct.

Justice Majanja said that neither the petitioner (Khakula) nor his advocate failed to appear in court despite the hearing date being taken by mutual consent,” Justice Majanja ordered.

Justice Majanja said – in a two page ruling - that Khakula further failed to comply with an earlier order to file written submissions before he directed the matter to proceed for hearing.

Khakula was seeking a review of the Advocates Dress Code which is to give guidance to lawyers concerning matters of dressing for purposes of appearance in Court.

“I am satisfied that the petition does not disclose a cause of action as he does not state how his rights have been violated or identify the manner in which the dress code infringes on his personal rights and fundamental freedoms,” Justice Majanja ordered.

LSK opposed the petition arguing that its Council is empowered to issue regulations and directions regulating the conduct of Advocates including the manner of dress in court.

The dressing code barred wearing of culottes, shorts and jeans whether they are suites. Skirts must be of dark colours and at least knee length.

And blouses must be black, charcoal, grey, navy blue or similar colours and may be printed materials of a combination of the colours together with cream and white.

Shoes that expose the toes of both male and female lawyers are banned unless suffering from a feet ailment when sandals can be allowed. Shoes must be black, grey, navy blue or brown.

However, it allowed female lawyers to wear trouser suits and braid their hair when appearing before Judges, Magistrates and Tribunals.

The hair braids must be neat and held back from the face with a hair band, ribbon or hair grip when appearing before court. Braids should not be intertwined with coloured threads or flamboyant so as to bring the legal profession into disrepute.