List of lawyers banned from practicing

By Christine Muchira

The Office of the Attorney General and Department of Justice in a Gazette Notice published on 20th January 2017 has officially published a report on the concluded complaints compiled by the Advocates Complaints Commission against advocates in the country.

Gazette Notice number 493 lists 32 advocates facing suspension as well as those that have been struck off the Roll of Advocates.

The Advocates Complaints Commission is the body mandated to handle complaints on legal issues in the country.

The decision to make public the names of dishonorable learned friends is as a response to public outcry on the increasing number of rogue advocates who have continued to fleece members of the public while putting the legal profession in disrepute.

Disciplinary action taken against an advocate emanates from evidence of gross professional misconduct as reported by complainants to, received and reviewed by the Advocates Complaints Commission.

The ACC which derives its mandate from Article 53 of the Advocates Act is charged with the responsibility of Investigating Complaints Against Advocates, providing guidance leading to reconciliation of the disputing parties, making referral of complaints to the Disciplinary Committee, and finally prosecuting of disciplinary actions before the Disciplinary Committee.

The Commission further ensures that advocates conduct themselves in a professionally acceptable manner as stipulated by the code of conduct.

Gross Professional misconduct, constitute behavior regarded as disgraceful or dishonorable conduct incompatible with the status of an advocate as stipulated in the code of conduct in the Advocates Act.

All advocates must conduct themselves in a manner that preserves and strengthens the dignity, honour and ethics of the legal profession.

Various acts leading to professional misconduct include, Breach of client confidentiality, Misappropriation of client funds as well undercutting or charging less than what is prescribed by law in The Advocates Remuneration Act.

Other instances leading to disciplinary action are Bankruptcy and Grave offenses committed where an advocate is convicted of murder or manslaughter.

The effect of this disciplinary action against the advocates means that those listed are not allowed to practice law.

They cannot represent clients nor can they appear in a court of law anywhere in the Republic of Kenya without the express authority of the Registrar of the High Court.

The only reprieve for disgraced advocates is that they can be sought for legal advice by employers but only after disclosing that they have been struck off the Roll of Advocates.

According to the Advocates Act, it is an offense to fail to disclose that one has been struck off the Roll of Advocates and this attracts a fine not exceeding Kshs. 50,000 or imprisonment for a term not exceeding two years or both.

LIST OF LAWYERS STRUCK OFF ROLL

NO. Name of Advocate Location (Town) Disciplinary Sanction Effective Date DCC No.
1. Mary Munyu Mwangi Nairobi Suspension 16/11/2009 101/2009
2. Henry M. Wasilwa Kisumu Suspension 21/9/2015 100/2006
3. Ng’ang’a Kiarie Nakuru Suspension 17/8/2009 178/2008
4. Johnson K. Gachagua Nairobi Suspension 5/9/2011 50/2010
5. Macharia Njore Thika Suspension 18/10/2004 27/2002
6. E. A. Ngaira Nairobi Suspension 12/10/2006 13/2004
7. Wanjiku Mukuru Nairobi Suspension 2/6/2014 52/2008
8. Mugambi Mutava Nairobi Suspension 23/9/2009 12/2006
9. Ongicho Evans Asuga Nairobi Suspension 18/7/2016 50/2013
10. Opondo Rosemary Atieno Nairobi Suspension 8/4/2013 25/2012
11. Mulongo Peter Mulongo Mombasa Suspension 2/9/2013 74/2012
12. Kute Hezron O. Ongiro Nairobi Suspension 4/11/2013 63/2012
13. Jackson Kimeu Kakonzi Machakos Struck Off the Roll of Advocates 11/6/2007 160/2006
14. Grace Nyawira Gitonga Nyeri Struck Off the Roll of Advocates 3/5/2007 119/2006
15. Ng’ang’a Njau Nairobi Struck Off the Roll of Advocates 2/2/2009 73/2008
16. Martha Oiye Nairobi Struck Off the Roll of Advocates 18/4/2005 17/2004
17. Njenga Muchiru Nairobi Struck Off the Roll of Advocates 4/9/2006 75/2000
18. Joyce Mukuhi Njenga Nairobi Struck Off the Roll of Advocates 7/3/2005 8/2002
19. John Ngaramba Njoroge Limuru Struck Off the Roll of Advocates 17/1/2008 156/2007
20. Macharia Mukuna Nairobi Struck Off the Roll of Advocates 18/3/2005 163/2004
21. Violet Barasa Nairobi Struck Off the Roll of Advocates 10/4/2008 44/2007
22. Otieno Opiacha Nairobi Struck Off the Roll of Advocates 4/9/2008 39/2008
23. David McOdhoch Ochieng Nairobi Struck Off the Roll of Advocates 2/11/2009 12/2009
24. Henry Wanyama Nairobi Struck Off the Roll of Advocates 19/10/2009 11/2009
25. Koome Mbogo Nairobi Struck Off the Roll of Advocates 8/5/2008 182/2007
26. Stanley Ramogo Nairobi Struck Off the Roll of Advocates 14/1/2008 134/2007
27. Apopo Joab Nairobi Struck Off the Roll of Advocates 22/2/2016 28/2011
28. Muli Koli Nairobi Struck Off the Roll of Advocates 4/4/2011 96/2010
29. Lynette Okiro Nairobi Struck Off the Roll of Advocates

 

  

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