My Lady, Chief Justice, and the President of the Supreme Court, LJ Martha Koome
Honorable Justices of Appeal and Judges of the High Court present
The Honorable Chief Registrar of the Judiciary, Registrars and Deputy Registrar, and Honorable Magistrates
The President of the Law Society of Kenya, Members of the Bar present
Of course, our distinguished guests for the day, the newly admitted Advocates, your families, friends,
Invited Guests
Ladies and Gentlemen…..
Good morning,
On behalf of the Hon. Attorney General, whom I am representing today, and on my own behalf, allow me to start by congratulating all the newly admitted advocates on this tremendous achievement. Today, we are gathered here to welcome you to the Bar as we celebrate your individual journeys. This marks the beginning of perhaps the most interesting phase of your lives.
Ladies and Gentlemen,
I am honored to grace this special occasion, which gives me an opportunity, as an older member of the Bar, to share a few words with our newest members. I say this with a wave of nostalgia, having been in the position you are in right now many years ago. I will try to describe what you are feeling at this moment, with the hope of ushering you into the atmosphere you have signed up for.
When I was seated where you are, I was filled with nervousness that engulfed me as I did not know how I was going to navigate the legal profession. If that is what you are feeling now, be encouraged, because it is normal. It is indeed true that the journey ahead will not always be smooth, but you will be able to thrive in this field as long as you adhere to the rules of the profession and make the right choices.
My Lady CJ, distinguished guests…
We have just witnessed yet another rigorous campaign for election of persons to various positions in the LSK. As always with other major elections, this was preceded by many debates and talk shows on TVs and radio stations. One of the arguments I heard being propounded was that we are churning out many advocates, now rising 30,000 in number?, and the same person went ahead to argue that ours is a small economy to support such a high number of advocates.
I wish to disagree. I am informed that there is data to show that of the litigants who approach our courts to seek justice, only about 27% are represented by advocates, and the rest act in person. We all know the complexities of navigating our courts and the justice system, and thus the likelihood of litigants suffering prejudice due to non-representation. The question therefore arises, where are these 30,000 or so advocates?
Someone may say, because the 73% or so do not pay any fees, right? Many a times we have been told that law is a noble profession. And so one may ask: as opposed to what? And to answer this I would say, as opposed to a business! A Business is where goods and services are exchanged for money, whereas a Profession requires special knowledge and skill to be applied by individuals in this case, your practice of law.
One of the often-repeated agendas in lawyers campaign forums is the so-called matters of “our bread and butter”. Whereas these are equally important, and if we shall remain true to our calling, then we need to remember that you are tasked with upholding and ensuring that justice is served. You are trained to interpret and apply the law, advocate for your clients, and maintain ethical standards.
You will play a critical role in maintaining a just and equitable society, use your legal skills to serve your communities and promote social justice, and work on behalf of disadvantaged groups and advocate for important causes.
Ours is considered noble because it requires a commitment to justice, a strong ethical code, and a dedication to serving others. I am told that some of the wealthiest people in the world are those who set out to cure or resolve social problems, and because of their solutions the bread and the butter followed them, and not the other way round! In school you interacted with terms such as mens rea, simply the motivation, or reason for doing something. I want to believe that your motivation for choosing to become advocates was simply the desire to serve the interests of justice.
To use the words of our Lord in the Book of Matthew 9: 37: “The harvest truly is plentiful, but the laborers are few”, it is with a sincere hope that with this newly admitted lot we will begin to see more advocates rising to the occasion and taking more briefs to help the general population to access justice, which is seriously under-represented.
My Lady Chief Justice,
As the Chairperson of the National Legal Aid Service, a state agency tasked with the responsibility of enhancing access to justice for all Kenyans, especially the poor, vulnerable, and marginalized, I would like to encourage the young advocates joining the Bar today to take up matters on pro bono basis as a way of giving back to the society. On our part, we are making great strides in ensuring vulnerable Kenyans access justice, but this can only be fully realized if all the stakeholders in the dispensation of justice, particularly the advocates, assume their responsibility fully.
With your support as advocates, the Service is ready and willing to engage with the Law Society of Kenya and come up with an understanding where advocates taking pro bono matters are awarded free CPD points or given some other recognition. I am glad the President of the Society is here, and I will be pursuing her rigorously in the coming days to actualize this.
Ladies and Gentlemen
Schooling is over, small competitions are over, it is now time for work and collaboration within the various practice areas where your choices will lead you. The profession is a wonderful space to discover and live out your purpose in this world.
My Lady Chief Justice,
Let me end my speech by thanking you for this great opportunity to share my insights with the new advocates. I would like to leave you all with this quote by Janet Reno which says ’lawyers who engage in pro bono service to protect those who cannot help themselves are truly the heroes and the heroines of the legal profession;”
Once again, let me say a big ‘pongezi ‘ to the new advocates. I look forward to interacting with you all in the future. Thank you very Much and God bless