It is no longer a requirement for law school finishers to attend call to Bar in Kenya wearing the ceremonial wigs for which lawyers are traditionally known for in most common law countries.

Basic Facts

• This is the new order issued by Kenya`s Chief Justice – Martha Karambu Koome. This waiver was announced by the Chief Justice on Thursday.
• The waiver which now makes it now only optional was issued about 24 hours before the conduct of a new a new call to Bar ceremony of new wigs in the country.
• The traditional wig and gown waived for the periwigs is considered by many as a very precious garment worn by advocates, both during admission to the Bar and during court sections.
• The historic declaration by Chief Justice will see the garment – which is considered an achievement by fresh legal graduates – those being admitted to the bar opt to attend the event without donning it.

Notable Quotes

While announcing the waiver, the Chief Justice said, “Having been notified of the difficulty in securing periwigs due to the high number of petitioners, I hereby waive this requirement for this particular ceremony,” CJ Koome declared.

Objections to the waiver

Clariform have learnt that this decision to issue a waiver for the new wigs has not gone down well in some quarters. There are people within the judiciary who have opposed the idea on the ground that it is too simplistic to appear without the wigs.

These persons also contend that it is beyond the jurisdiction and powers of the Chief Justice to issue such order, and cannot implement it.

Notable Quote

One of such persons – Martin Nyakundi, a lawyer and a lecturer at Mount Kenya University have argued that “Only Parliament can do that by amending the Judicature Act Campaign Section 3,” he said.

“According to Nyakundi, the Judicature provides that procedures and practice of English Court, July 10, 1897, should proceed and that what the CJ has done is not tenable.”

Takeaway

Clariform reports that the Kenyan Judiciary will on Friday admit 774 advocates to the Kenyan Bar to join their colleagues in the prestigious legal profession.

This high number of new wigs is reportedly the highest number of admissions to be done at once in the country.

Despite its simple appearance, one periwig goes for Ksh35,000. This means the Judiciary would be making a huge sum of Ksh27 Million from the new wigs should everyone be forced to obtain the wig.

Sources with knowledge of the matter have told Clariform that the decision for waiver made by the chief Justice was based on the high number of graduates who applied for the admission in the current year.

Therefore, the order by the CJ is intended to ensure that the new wigs are not denied opportunity to get admitted into the Kenya Bar due to their inability to secure the wig arising from scarcity or too much competition from high demand.

It was however also made clear by the CJ that those who are able to access the garment are still encouraged to do so and attend the call to Bar ceremony in the full regalia with their wigs.