Law Society of Kenya names five lawyers facing disciplinary action

By Standard Digital Reporter

NAIROBI, KENYA: The Law Society of Kenya (LSK) has commenced disciplinary action against five lawyers who filed Election Petitions without valid Practicing Certificates.

LSK Secretary/CEO Apollo Mboya said that the lawyers will appear before the Advocates Disciplinary Tribunal next month.

“We are concerned as a legal professional body that some Elections Petitions are being dismissed on grounds that Advocates who filed the suits lack valid Practising Certificates for this year,” Mr. Mboya said.

The LSK Secretary said it amounts to professional misconduct for an Advocate of the High Court of Kenya to file suits without a valid Practising Certificate (PC) for the current year as provided in Section 9 of the Advocates Act.

Mboya said that the lawyers set to face disciplinary action include Anziya Laban Akula who last held a PC in 2011.

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“Election Petition No. 2 of 2013 in the Chief Magistrate’s Court by Petitioner Okwemba Milsadeck Elisaphan was dismissed because Mr. Akula was not licensed to practice,” Mr. Mboya said.

He said that Senior Principal Magistrate at Kigumo Law Court also dismissed Election Petition Number 1 of 2013 on grounds that Mr. John Mwaura Nyoike who filed the suit had no valid PC. 

“High Court Judge Lady Justice Lilian Mutende also recently upheld the election of Mavoko MP  Patrick Makau and censured Mr. Raymond Janan Ogwe for appearing before her without a valid PC,” Mboya said.

Milimani Law Courts Senior Principal Magistrate Francis Andayi found Mr. Boniface Njiru guilty of involvement of Election Petition No.3 of 2013 without holding a valid PC.

“Election Petition No.4 of 2013 has also been dismissed at the Nyamira Law Court after it emerged that Mr. Nyamanga Erick Achoki was not licensed to practice this year,” Mr. Mboya said.

According to the Advocates Act, no person shall be qualified to act as an Advocate unless he/she has been admitted as an Advocate, name is on the Roll of Advocates, has a valid PC for the current year and has in force an annual license.