Camilita Akinyi Odebero v Wilfred Barasa Opondo [2017] KEHC 3903 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL SUIT NO. 12 OF 2012 (OS)

CAMILITA AKINYI ODEBERO………………………………….….……..….PLAINTIFF

VERSUS

WILFRED BARASA OPONDO………….….…………………….…….…DEFENDANT

RULING

1. The court record indicates that a Mr. Juma appeared for the defendant on 15th June 2017 and held brief for counsel for the defendant on 27th July 2017.  He had addressed court and purported to have instructions from the defendant and the advocate on record to handle the matter before me.

2. I have noted the statement from Ms. Irene Ndegwa, an advocate of this court, and a Lecturer at Mt. Kenya University Law School where Mr. Juma is a student.  I am grateful to counsel for giving details of the student.

3. The dignity of this court and its processes must be upheld at all times.  Only persons who qualify to practice before the court should indeed practice here.  No one should be allowed to masquerade as an advocate of this court.  Anyone who purports to do so ought to face the full force of the law.

4. Action no doubt ought to be taken against Franklin Juma, the second year student at Mr. Kenya University Law School, whose student registration number is BLaw/38447/2015.  Action should also be taken against the law firm of Messrs. Osero & Co. Advocates who appear to have facilitated Mr. Juma to masquerade before this court as an Advocate.  The administration at Mt. Kenya University Law School should also take disciplinary action against the student.  It should not be seen as if our law schools are preparing dishonest persons to join the bar as practitioners.

5. To that end, I shall hereby order that this ruling, in certified form, be made available to the Law Society of Kenya, the Dean Mount Kenya University Law School, the Director of Public Prosecutions and the Director of Criminal Investigations so that the said agencies may take such action as may be appropriate in the circumstances.

6. In the meantime, Mr. Osero, as an Officer of this court shall appear before me on 31st July 2017 to show cause why he cannot be sanctioned by the court with regard to the events of today and of 15th June 2017.

DATED, SIGNED and DELIVERED at NAIROBI this 27TH DAY OF JULY, 2017.

W. MUSYOKA

JUDGE