Wakilii

In Re - The Rules of Court (Legal Practitioners); In Re - An Application by "X" for Re-Admission as an Advocate (No Case No.)

East African Court of Appeal · [1944] EACA 18 · 1944 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for re-admission to the roll of advocates following striking off for criminal conviction
Decision
Applicant remains struck off the roll of advocates

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An advocate convicted of official corruption for attempting to bribe a police officer to secure an acquittal was struck off the roll and sentenced to nine months imprisonment. Two years later he applied for re-admission supported by testimonials of good conduct. The Court refused the application, holding that the nature and gravity of the offence—attempting to procure a miscarriage of justice—was too serious to warrant re-admission after such a short period, notwithstanding evidence of subsequent good character.

Outcome

Applicant remains struck off the roll of advocates

Facts

The applicant was admitted as an advocate in Kenya in 1930 and practised continuously until 1942. On 28 October 1941, he corruptly offered £40 to a police officer to secure the acquittal of a client on a criminal charge. He was convicted of official corruption under Penal Code s.93(2) and sentenced to 18 months imprisonment with hard labour, reduced on appeal to nine months. He was struck off the roll of advocates on 26 June 1942. After serving his sentence, he worked as a managing clerk in his son's law office. On 26 August 1944, just over two years after being struck off, he applied for re-admission. His application was supported by numerous affidavits and letters from advocates testifying to his good conduct in the intervening period, though four advocates objected or expressed reservations about reinstatement.

Issues

  1. Whether an advocate struck off the roll for official corruption should be re-admitted after two years of good conduct.

Orders

  • Application for re-admission refused.

Rules and key headnotes

Legal Practitioners — Re-admission to Roll — Discretion of Court
The Court has discretion to re-admit an advocate who has been struck off the roll, but in exercising that discretion must have regard not only to the individual's subsequent conduct but to its duty to the public and the profession to ensure that only persons in whose integrity and honour confidence can be placed are permitted to practise.
Legal Practitioners — Official Corruption — Gravity of Offence
An advocate who attempts to bribe a public officer to secure the acquittal of a client commits an offence of exceptional gravity, as it constitutes an attempt to bring about a miscarriage of justice and undermines the integrity of the legal profession and the administration of justice.
Legal Practitioners — Re-admission — Insufficient Lapse of Time
Where an advocate has been struck off for official corruption of exceptional gravity, an application for re-admission after only two years, notwithstanding evidence of good conduct in the interval, may be refused as premature having regard to the nature and seriousness of the offence.

Legislation cited (2)

  • Rules of Court (Legal Practitioners) Rule 3
  • Penal Code s.93(2)

Cases cited (5)

  • In re Brandreth (1891) 60 LJ KB 503
  • In re Barker
  • In re Robins (1865) 34 LJ CL 121
  • In re Pyke
  • Anonymous (1841) 51 ER 1118

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In Re - The Rules of Court (Legal Practitioners); In Re - An Application by "X" for Re-Admission as an Advocate (No Case No.) [1944] EACA 18 (1 January 1944)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.