By Wahome Thuku and Patrick Beja
Some 43 lawyers including Immigration Minister Otieno Kajwang’ remain struck off the roll of advocates.
The Law Society of Kenya (LSK) warned Kenyans against dealing with the advocates, saying it would not be responsible for the consequences.
The 43 lawyers are required not to engage in any form of legal practice for a minimum of five years. Another 37 remain suspended for periods ranging from one to six years.
LSK published the list in the media to correspond with the society’s elections and ensure those struck off the roll do not participate.
After five years, the affected lawyers can apply for re-admission, subject to conditions set by the Advocate’s Disciplinary Committee. Alternatively, they could apply to the High Court to be reinstated.
Mr Kajwang’ was struck off the roll in 2001 for alleged misconduct. He was suspended again in 2004 for issuing a bouncing cheque of Sh34,000, but moved to the High Court and it was lifted. The last expulsion was announced in November last year, but he has not applied to be reinstated.
Though the minister maintains the disciplinary action was politically motivated, the measures have been a dent in his political career. His political rivals have always used it as a campaign tool against him.
Inform the Public
LSK has been publishing a list of all the 7,000 advocates on their website and their status in the bar to inform the public.
Meanwhile, lawyers have been told to toe the professional line or be weeded out. The Advocates’ Complaints Commission (ACC) said it would act tough on errant lawyers. ACC Chairman Joseph King’arui said although a majority of advocates observed ethical practices, a few of them engaged in professional misconduct.
"We are sensitising the public to demand their rights while dealing with errant lawyers. We have about 5,000 practising lawyers and the problem comes mainly from those with law firms," Mr King’arui said.
ACC is in Coast Province for public hearings on complaints against advocates. King’arui spoke at the Coast PC’s office against the backdrop of a list of 80 advocates punished for professional misconduct.
