By Agwanda Saye

The Law Society of Kenya (LSK) has cracked the whip on complaints of professional misconduct against lawyers in Kisii County. LSK Secretary/CEO Mr. Apollo Mboya singled out Mr. Julius Nyabuto Ondika for notoriously representing clients without valid a Practising Certificate (PCs). “Mr. Minda Cyrus Onserio even appeared before the Advocates Disciplinary Tribunal last year and found guilty of practicing without a license but is yet to pay a fine of Sh25,000 (including costs) as ordered,” Mr. Mboya said. Mr. Ondika was admitted to the Roll of Advocates in 2000 but last held a valid PC in 2006. “We have evidence that Mr. Ondika continued to practice without a valid PC in contravention of Section 9 of the Advocates Act,” Mr. Mboya said. The LSK Secretary/CEO said that the legal professional body has received a barrage of complaints again The East Africa Law Society (EALS) has supported the Judicial Service Commission (JSC) to snub summons by a Parliamentary Committee. EALS President Mr. James Aggrey Mwamu said that National Assembly’s Justice and Legal Affairs Committee grossly breached the sub judiceprinciple in law. Under the principle, any legal matter before a judge or in court awaiting judicial determination should not be interfered with. “Parliament cannot operate with impunity that when JSC wants to uphold the Constitution the National Assembly threatens to disband it,” Mr. Mwamu said. He warned Parliament against assuming that JSC is like any other Constitutional Commission that can be summoned at will. “The Principle of Separation of Power that separates the Judiciary, Legislature and Executive places the JSC in a different position – it is chaired by the Chief Justice who heads the Judiciary,” Mwamu said. The EALS President wondered why Parliament was in a hurry to probe the JSC over suspension of Judiciary Chief Registrar Ms. Gladys Boss Shollei instead of other pertinent matters that touch on the Constitution. “The National Social Security Fund (NSSF) Managing Trustee Mr. Tom Odongo was recently unprocedurally sacked by Cabinet Secretary for Labour Mr. Kazungu Kambi and Parliament has not asked why,” Mwamu said. The Law Society of Kenya (LSK) had earlier cautioned Parliament against interfering with the JSC. LSK Chairman Mr. Eric Mutua said “We (LSK) caution Parliament against purporting to review any decision made by the JSC which is a Constitutional body under the Judiciary – an arm of Government,”. Mr. Mutua further urged the JSC to ensure due process reigns supreme during the 15-day probe of the alleged impropriety of Judiciary Chief Registrar Ms. Gladys Boss Shollei. “We insist that the rules of natural justice (right to a fair hearing) must be observed for justice not only be done but seen to be done,” Mr. Mutua said. Mr, Mutua said that LSK will take its position after the two Committees established by the JSC to probe alleged impropriety by the Judiciary Chief Registrar Ms. Gladys Boss Shollei make their findings public. The suspended Chief Registrar of the Judiciary on Wednesday afternoon appeared before Parliamentary Legal Affairs Committee over allegations of malpractices levelled against her. Shollei was last Monday sent on compulsory leave to pave way for investigation into unspecified allegations of financial impropriety levelled against her by some members of the JSC. Chief Justice Willy Mutunga announced the decision to send her on leave pending a probe that must be concluded within 15 days.

Mr. Ondika. Mr. Mboya said that he read in a section of the press today that Mr. Ondika has moved to the High Court in Kisii through lawyer Minda Cyrus Onserio to invalidate legal requirements that lawyers must be members of LSK before being allowed to practice law in the country. “We (LSK) are yet to be served with the suit papers but we want to demonstrate to the High Court how the two lawyers are not only abusing the court process but misconducting themselves professionally,” Mr. Mboya said. The CEO said that Mr. Onserio had filed a similar suit (No. 10 of 2012) at the High Court in Kisii but dismissed on grounds that he never had a valid PC. “LSK arraigned him (Onserio) before the Disciplinary Tribunal last year which found him guilty and ordered him to pay within 60 days a fine of Sh20,000 and Sh5,000 costs to LSK, which he is yet to pay,” Mr. Mboya said. The CEO said that Mr. Ondika has also not been responding to letters from LSK which further amounts to professional misconduct. Mr. Mboya said that the suit by Mr. Ondika is a replica of suit No. 21 of 2011 filed at the High Court in Kisii by Mr. Onserio on behalf of Mr. Kerosi Ondieki (No. 10 of 2012). Mr. Ondika later withdrew the said suit with no order as to costs before Justice A Makhandia.

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