Kenya Advocates Act Overview Quiz

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Questions and Answers

What is required of Qureshi while under retainer regarding his practicing certificate?

He can practice with only an expired practicing certificate.

He must obtain a local practicing certificate.

He should maintain a valid Practicing Certificate. (correct)

He is exempt from holding any practicing certificate.

According to the petitioner, what should be concluded about the requirement of a local practicing certificate for foreign advocates?

It is necessary only for advocates who have never practiced elsewhere.

It is mandatory based on a comprehensive analysis of the law. (correct)

It depends solely on the letter of admission provided.

It is optional based on the foreign advocate's discretion.

What does Section 9 of The Advocates Act state about practicing as an Advocate in Kenya?

The local practicing certificate is only needed for Kenyan citizens.

A foreign advocate must hold a certificate from their home country only.

Anyone can practice as an Advocate without any certificate.

An individual must hold a practicing certificate to qualify. (correct)

What aspect of Mr. Qureshi's admission is considered unclear in the letter from the 4th respondent?

Whether he needs a local or foreign practicing certificate. (A) Signup and view all the answers

What is the significance of the disciplinary process mentioned in relation to Mr. Qureshi?

It applies to foreign advocates practicing in Kenya under the Act. (D) Signup and view all the answers

What does Article 227 of the Constitution relate to?

Public procurement principles (A) Signup and view all the answers

What is the term used for the administrative review of a procurement process as defined by the Public Procurement and Asset Disposal Act?

Public Procurement Administrative Review Board (C) Signup and view all the answers

How long does a party have to seek judicial review in the High Court after a decision from the Review Board?

14 days (B) Signup and view all the answers

What should be done if constitutional questions arise regarding an appointment such as Mr.Qureshi's?

Raise them substantively in a constitutional petition (B) Signup and view all the answers

What was the court's sentiment regarding the challenge to the procurement process?

The challenge should be made in the appropriate forum (A) Signup and view all the answers

What status does Mr.Qureshi hold in the context of legal practice in Kenya?

Foreign advocate (A) Signup and view all the answers

What effect does Order 53 of the Civil Procedure Rules have on constitutional and statutory provisions?

It cannot oust them (A) Signup and view all the answers

What should be the focus of proceedings if there are grievances concerning public procurement?

Statutory procedural adherence (D) Signup and view all the answers

What is one requirement for obtaining a practising certificate from the Chief Registrar of the Judiciary?

Submitting an application in duplicate signed by the applicant (D) Signup and view all the answers

Which document is necessary for an applicant to prove they are eligible for a practising certificate?

Evidence of payment to the Advocates Benevolent Association (B) Signup and view all the answers

What is the time frame within which the Registrar must issue the practising certificate once the application is received?

Within 14 days (D) Signup and view all the answers

Which statement is true regarding foreign Advocates applying for a practising certificate in Kenya?

They do not need to be a Member of the Law Society of Kenya (C) Signup and view all the answers

What must the Registrar verify before issuing a practising certificate?

The applicant is on the Roll and not suspended from practice (B) Signup and view all the answers

Which of the following statements is NOT a requirement for a practising certificate?

Evidence of funds for malpractice insurance (D) Signup and view all the answers

What is the purpose of the written approval from the Chairman of the Society in the application process?

To confirm there is no objection to the grant of the certificate (B) Signup and view all the answers

What records must the Registrar keep regarding the applications for practising certificates?

A register of declarations delivered under the application process (A) Signup and view all the answers

What powers are granted to the Director of Public Prosecutions regarding the appointment of private legal practitioners?

The Director may engage private legal practitioners as long as it complies with public procurement law. (D) Signup and view all the answers

Which section of The Act conveys the authority of the Director to appoint a private legal practitioner?

Section 30 (B) Signup and view all the answers

Under which circumstances can the Director appear in legal proceedings?

The Director may appear personally or appoint an officer or private legal practitioner. (D) Signup and view all the answers

What essential expectation does Section 30(2) express regarding the engagement of private legal practitioners?

It mandates compliance with public procurement law. (B) Signup and view all the answers

How does Article 227(1) of the Constitution influence public entity contracting?

It requires a contract system that is fair, equitable, transparent, and competitive. (A) Signup and view all the answers

In regards to procurement planning and contract management, which entity must comply with the Public Procurement and Asset Disposal Act?

The Office of the 1st respondent must comply as it is a state organ. (C) Signup and view all the answers

What principle does Article 10 of the Constitution emphasize for public entities?

Good governance, integrity, and transparency. (D) Signup and view all the answers

What could potentially invalidate the appointment of Mr. Qureshi as a private legal practitioner for the 1st respondent?

If the appointment violates Article 10 of the Constitution. (C) Signup and view all the answers

What is the fundamental legal question regarding conflict of interest as posited by the petitioner?

It is based on substantiated facts. (C) Signup and view all the answers

What argument does the 1st respondent present regarding the two Senior Counsel's participation in the Senate Committee?

They did not disclose their interest as per their duty. (D) Signup and view all the answers

What is the petitioner’s stance on the conflict of interest claims against the two Senior Counsel?

The claims lack facts and legal backing. (D) Signup and view all the answers

What is the primary duty of a member of the house in relation to conflicts of interest?

Resolve conflicts in favor of public interest (B) Signup and view all the answers

What burden does the petitioner assert is on the 1st respondent in regard to the conflict of interest?

To establish the relevance of confidential information. (B) Signup and view all the answers

What constitutes misconduct in the context of parliamentary duties?

Failing to disclose personal interests before a committee (B) Signup and view all the answers

Which of the following statements is accurate regarding the discussions captured in Hansard?

The discussions were general and did not affect the petition. (A) Signup and view all the answers

According to the petitioner, what should have happened if there was a genuine concern regarding impropriety?

It should have been raised before the Senate Committee immediately. (B) Signup and view all the answers

What do the Advocates Practice Rules indicate about disqualification of an advocate?

Unethical conduct can lead to disqualification. (A) Signup and view all the answers

What must a party alleging a conflict of interest provide?

Clear evidence of prejudicial conduct (C) Signup and view all the answers

Regarding the 1st respondent's applications, what was the outcome?

Both applications were dismissed. (A) Signup and view all the answers

What evidence does the petitioner argue is lacking from the Hansard regarding the two Senior Counsel?

They did not ask questions relevant to the petition. (B) Signup and view all the answers

What is a key element in determining a conflict of interest according to the petitioner’s argument?

The existence of a pecuniary or proprietary interest. (C) Signup and view all the answers

Which aspect was not touched upon in the information provided to the committee?

The merits of the petition (C) Signup and view all the answers

How is a member's conduct evaluated regarding conflict of interest allegations?

With clear and substantiated evidence of prejudice (D) Signup and view all the answers

What was concluded about the two Senior Counsel's conduct regarding this petition?

There was no evidence of any conflict of interest. (D) Signup and view all the answers

Study Notes

Case Details

Case: In the High Court of Kenya at Nairobi, Constitutional and Human Rights Division, Petition No. 295 of 2018
Petitioner: Philomena Mbete Mwilu
Respondent 1: Director of Public Prosecutions
Respondent 2: Director of Criminal Investigations
Respondent 3: Chief Magistrate's Court (Anti-Corruption Court) (Nairobi)
Respondent 4: Attorney General
Interested Party: Stanley Muvi Kima

Ruling Summary

Petitioner, Philomena Mbete Mwilu, argued that investigations and criminal proceedings against her violated her constitutional rights.
The case involved two motions: contesting the appearance of Mr. Khawar Mehood Qureshi, QC as counsel for Respondent 1, and disqualification of Mr. James Orengo and Mr. Okongo Omogeni from representing the petitioner.
Respondent 1 requested a special license for Mr. Qureshi to represent them.
The petitioner challenged the recruitment and appointment of Mr. Qureshi, arguing it was irregular, unconstitutional, and null and void.
The petitioner asserted that the appointment process violated public procurement regulations and Article 157(11) of the Constitution.
The petitioner challenged the appointment of a foreign advocate without proper admission procedures under the Advocates Act.
The court ruled that the recruitment process of Mr. Qureshi was not improper, and his participation was compliant with relevant laws.
The Court also ruled that the petitioner's concerns about the appointment of Mr. Qureshi were already addressed by the process, and were therefore inappropriate for review in this petition.
The Court dismissed the application for disqualification of the two Senior Counsel (Mr. James Orengo and Mr. Okongo Omogeni) because no valid basis for disqualification could be shown.

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Description

Test your knowledge on the key provisions of The Advocates Act in Kenya, focusing on the requirements for practicing certificates and the admission process for foreign advocates. Explore the importance of the disciplinary process in the context of these regulations.