In Re: Rules of Court; In Re: Application by Mr. Maharaj Krishen Bhandari for enrlment as an Advocate of the Supreme Court of Kenya (No Case No.) [1945] EACA 68 (1 January 1945)

## ORIGINAL CIVIL

## Before SIR JOSEPH SHERIDAN, C. J.

In the matter of the Rules of Court (Legal Practitioners) 1926

## In the matter of an application by MR. MAHARAJ KRISHEN BHANDARI for enrolment as an Advocate of the Supreme Court of Kenya

Legal practitioner—Enrolment—Period of residence—Rules of Court (Legal Practitioners)

ORDER.-The applicant, Mr. Maharaj Krishen Bhandari, who was called to the English Bar on the 26th January, 1945, has applied to be admitted as an advocate under the Rules of Court (Legal Practitioners).

He has furnished testimonials as to his character, which are satisfactory. The one question for decision on the application is whether, under rule 3, he has continuously resided in the Colony or Protectorate for a period of not less than six months prior to his application.

He has been a resident of the Colony for the last fifteen years.

The relevant part of the rule reads: $\rightarrow$

"Any barrister, upon producing to the Chief Justice satisfactory proof of his qualifications and such testimonials as to his character as the Chief Justice may require, and upon satisfying the Chief Justice that he has continuously resided in the Colony or Protectorate of Kenya for a period of not less than six months . . . and upon payment of the fee prescribed in the Schedule to this Part and upon signing the Roll of the Supreme Court, shall be admitted to practise in the Supreme Court and the Courts subordinate thereto. other than Subordinate Native Courts."

In the absence of any qualifying words to the effect that the applicant's residence of six months or more prior to his application must be as a barrister, I find that being qualified as prescribed by the Rules and his testimonials being satisfactory, mere residence is sufficient to entitle him to be admitted to practise on his complying with the further requisites of paying the prescribed fee and signing the Roll.

On complying with these requisites, Mr. Bhandari may be admitted to practise as an advocate.