REPUBLIC OF KENYA
THE JUDICIARY
SPEECH BY THE CHIEF JUSTICE OF THE REPUBLIC OF
KENYA, HON. MR. JUSTICE DAVID K. MARAGA, AT THE
OCCASION OF THE ADMISSION CEREMONY OF
ADVOCATES TO THE BAR
ON NOVEMBER 21, 2016
____________________________________________________
The Attorney General,
The Director of Public Prosecution,
All Judges Present,
The President of the Law Society of Kenya,
Members of the Law Society of Kenya,
Learned Members of the Legal Profession,
Distinguished Guests,
Ladies and Gentlemen.
This is a significant occasion for the families and
friends who are present and most importantly for those
who have been newly admitted as advocates to practice
law in Kenya. It is equally an important mark in my life
as this is the first admission ceremony I am conducting
as the Chief Justice of Kenya.
Let me take a few moments to offer a few words of
encouragement to the newly admitted advocates that I
suppose makes the hallmark of our legal profession.
Ladies and Gentlemen,
You have joined a profession with ancient origins, and
one that makes essential contribution to the economic
and social cohesion of our nation. In taking an Oath or
Affirmation before me today, you have agreed to uphold
duties to your clients and to the general public at large.
More importantly, you have accepted a paramount duty
to the court. This overriding duty rests on public
interest principles to assist the court in order to do
justice according to the law. These obligations apply
regardless of whether you practice as a litigator or as
an in house counsel.
As advocates, you will be central and a key player in
assisting in the administration of justice according to
the law. Our courts place a significant level of trust on
the advocates who appear before them. It is therefore
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vital that our Judges and Magistrates are able without
question, to hold the utmost confidence in the integrity
and character of each one of you appearing before the
courts.
Ladies and Gentlemen,
As
an
advocate,
your
duty
to
the
court
is
a
fundamental obligation that defines your roles within
our adversarial system of legal practice. While facing
financial and competition pressure, you must balance
your duties to the client and the administration of
justice in the society. Your duty to court is of such
significant in the justice system and that’s why a
breach of such duties attracts penal consequences
under the Advocates Act and in Contempt law.
Ladies and Gentlemen,
Our
legal
system
rests
on
principles
that
are
encapsulated in the rule of law. This is a multi-faceted
concept
that
demands,
among
other
things,
a
commitment to justice, equal protection of the law,
judicial independence and ability to access the courts.
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You are each obliged to preserve and promote these
principles codified in our Constitution.
The practice of law in Kenya demands constant
learning and you must engage with the evolving body of
values
that have
resulted
from
the
history
our
Constitutional making processes. You will have the
privilege of contributing to that process of evolution
through work in government, private practice and in
academia.
It is, however impossible to learn everything there is to
know about the law. While I am sure it is hard for you
to believe, I was admitted to the bar exceptionally long
time ago, however I am still learning the law or
sometimes having the law being pointed out to me by
my peers and juniors.
I have stated in many forums recently that judicial
integrity and fight against judicial corruption is at the
top of my priorities and that Kenyans must have faith
in the Judiciary as the first and the last call for Justice
whenever there are disputes between citizens or
between citizens and the state.
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Lawyers must not believe that judicial officers must be
bribed or that paying off a Magistrate or a Judge is the
short cut to winning cases for their clients. In such
cases, both the lawyer bribing the judicial officer and
the judicial officer receiving the bribe are both guilty in
the same breath.
Recently the Law Society of Kenya leadership paid me a
courtesy call where the LSK President agreed with me
that while the Judiciary is taking the fight against
corruption seriously, there is an equally corresponding
duty for the Law Society of Kenya to start taking far
reaching punitive measures against those advocates
who are conduits of their clients in bribing or
attempting to bribe the Judicial officers and staff.
Our legal system is getting corrupt when it is strictly
profit driven and not driven to serve the best interest of
our people. A corrupt legal system not only violates the
basic right to equality before the law but also
procedural rights guaranteed in our Constitution. The
old saying that “Lawyer for Hire, Judges for Sale” must
not find a place in our legal system.
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Lastly, you are today joining a profession that is held in
high regard which is a reflection of the central
significance
of
the
practice
of
law.
We
are
all
custodians of the legal traditions that underpin our
Society, and it is for that reason that we mark today’s
occasion with the swearing in ceremony you have just
undertaken
Remember, you are not wearing the wigs because it is
comfortable, much less it is your fashionable glove and
helmet.
On behalf of the Kenyan people, I congratulate you on
your admission as advocates and wish you the very
best as you embark on what I hope will be along and
fulfilling career in law.
GOD BLESS YOU AND THANK YOU ALL.
HON. JUSTICE DAVID K. MARAGA
CHIEF JUSTICE AND PRESIDENT
SUPREME COURT OF KENYA
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