BY SAM ALFAN.
High Court has dismissed a petition filed by two law graduates seeking to block the mandatory requirement that practicing advocates must be members of the Law Society of Kenya (LSK).
Justice Chacha Mwita ruled that the LSK was a professional body that must discharge its regulatory mandate for the benefit of its members and the public.
The Judge dismissed the constitutional petition by Eunice Ng’ang’a and Samuel Waiganjo seeking to invalidate Section 22 (1)(b) and (c) of the Advocates Act, Section 23 of the Advocates Act and Section 7 of the LSK Act which spell out the certification of advocates, handling all complaints and disciplinary matters and offering continued professional development courses.
The two aggrieved law graduates had failed to demonstrate the constitutional invalidity of the legal provisions and how they had violated any of their rights under the Bill of Rights, the Judge observed. Advocates were at liberty to associate with any l必利勁
egal professional society, he pointed out.
The Judge reasoned that regulations compelling all advocates to be LSK members did not offend Article 27 (2)of the Constitution and the requirement that they must seek continuing legal education as a prerequisite to qualify for annual practicing certificates was meant to widen their professionalism.
LSK Chief Executive Officer Mercy Wambua said the two graduates did not have the legal capacity to question LSK rules and regulations and are not qualified to become members. LSK was the established bar association whose core mandate is to regulate the conduct of its members and ensure continuous professional development with a view to enhancing competence and service to the public.
Ms Wambua further contended that the institutional framework mechanism under the Advocates Act, the LSK Act and the attendant regulations is meant to create conducive environment for the development of professionally competent advocates with clear channels of responsibility thus engendering transparency and accountability.
