Advocates (Amendment) Act, 2002

Advocates Act – appeals procedure – notice of appeal institutes appeal with memorandum to follow; disciplinary suspension – execution requires compliance with section 20 publication requirements; statutory "shall" construed as mandatory; interim stay of execution – irreparable harm and inherent jurisdiction to preserve appeal.

Administrative law; judicial review confined to decision-making process; no right to pre-entry exam scripts or marking scheme; Advocates Act authorises pre-entry examination as admission criterion; Law Development Centre wrongly joined as party; refusal to disclose scripts lawful; court will not substitute its view for statutory admissions function.

* Administrative law – Judicial review – focus on decision‑making process; grounds: illegality, irrationality, procedural impropriety. * Admission to practise – Advocates (Amendment) Act s.8(8) & s.8(9) and Advocates (Enrollment and Certification) Regulations. * Distinction between qualifications from common law and non‑common law jurisdictions in determining eligibility for enrollment. * Precedent (Katungi) distinguishable where foreign bar qualification is from a common law jurisdiction. * Law Council’s discretion to apply statutory requirements to applicants from non‑common law jurisdictions upheld.

Constitutional law — Freedom of expression — Challenge to Press and Journalist Act — Void-for-vagueness and Article 28(12) — Public morality limitation and Article 29(1)(a) — Media Council composition, ministerial powers and regulatory independence — Licensing/accreditation and professional regulation of journalism — Suspension pending appeal — Justifiability under Article 43(2)(c) (proportionality/necessity).

* Advocates – practising certificate – absence of current PC does not invalidate affidavits or preclude swearing evidence; s.14A Advocates (Amendment) Act 2002. * Evidence – affidavit contents on legal issues within advocate’s personal knowledge – not hearsay or contentious under Order 19 CPR. * Burden of proof – party alleging absence of PC must prove it. * Civil procedure – revision jurisdiction (s.83 CPA) – procedural flexibility; formal motion not strictly required.

Election petitions — compliance with court timelines and expeditious hearing — late affidavits filed without leave expunged; Pleadings and evidence — affidavits are evidence not pleadings; new matters in affidavits may be expunged; Commissioners for Oaths (Advocates) — expiry of annual practising certificate does not ipso facto terminate commission; validity of principal affidavit and petition — petition not automatically nullified by advocate’s unrenewed practising certificate; Section 14A Advocates Act — protects clients of advocates but requires a client–advocate relationship; Costs — awarding certificate for two counsel requires stated reasons.

Advocates Act — review of Law Council decisions — distinction between judicial review and statutory review under Advocates Act; supervised practice requirements — scope and limits of Law Council powers; recognition of foreign/postgraduate professional legal qualifications — non‑discrimination and EAC integration obligations; misfeasance in public office — remedy of damages; orders reversing administrative decision and directing issuance of certificate of eligibility.

Administrative law—judicial review—professional regulation—retrospective application of rules—discrimination—breach of natural justice—right to fair hearing—locus standi—certiorari—decision of the Law Council quashed

Administrative law — Judicial review of inaction/delay — Excessive delay may amount to reviewable unlawful inaction — Mandamus appropriate to compel statutory decision — Declarations, certiorari or prohibition require a final decision; damages not awarded absent separate cause of action.

Advocates Act – section 14A (Advocates Amendment Act 2002) – effect on pleadings filed by an advocate without a valid practising certificate; validity of proceedings where counsel impersonates or lacks authority; protection of innocent litigants; interplay of statutory amendment and pre‑amendment case law.