The Law Society of Kenya (LSK) has clarified the status of Advocate Cliff Ombeta's practicing certificate and addressed the allegations of misconduct following concerns raised by members on various social media platforms.
Ombeta has recently been in the media spotlight as the legal representative of Pastor Ezekiel Odero, the accused in the Shakahola murder case.
LSK has acknowledged that on the advocates' search engine, Advocate Ombeta appeared as 'Inactive,' indicating that he did not hold a valid practicing certificate for the year 2023.
"The Council has noted the concerns raised by members on social media platforms regarding one of our members Mr. Cliff Ombeta Advocate who has been publicized by the media as the legal representative of Pastor Ezekiel Odero currently accused of crimes in relation to the Shakahola murders," LSK statement read in part.
"It was noted that on the advocates' search engine, the advocate had appeared as 'Inactive and therefore not holding a current practicing certificate for the year 2023, yet he has been reported to be actively representing clients and taking instructions."
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However, it has been brought to light that the advocate had submitted a notice of intention to obtain his practicing certificate for the current year, as per Section 25 of the Advocates Act.
This notice was presented before the LSK Council on January 26, 2023, and subsequently approved.
Advocate Ombeta was duly notified of the approval through a letter dated February 2, 2023.
The approval of Advocate Ombeta's application was subject to certain conditions, which included the payment of back fees and other required charges.
To comply with these conditions, Ombeta paid the back fees, Advocates Benevolent Association (ABA) fees, and Continuing Professional Development (CPD) fees on March 7, 2023.
Upon fulfilling the necessary requirements and making the payment, Ombeta became eligible to apply for his practicing certificate for the year 2023.
He completed the payment for his practicing certificate on May 1, 2023, at 4:36 p.m. and was issued a receipt through the online portal on the same day.
As per the system's automated process, the member's status was updated to 'Active' on the morning of May 2, 2023.
LSK has acknowledged the allegations that Ombeta might have practiced without a valid practicing certificate during the earlier part of this year and possibly in the preceding year.
LSK said the allegations are currently under investigation and once sufficient evidence is collected, LSK intends to file a formal complaint against the advocate with the Advocates Disciplinary Tribunal.
"We note that there are allegations of the advocate having practiced without a practicing certificate for the first part of the year and as far back as last year," the statement read.
"The allegations are being investigated and when sufficient evidence is collected, a formal complaint against the advocate will be lodged with the Advocates Disciplinary Tribunal."
Ombeta is a top criminal legal practitioner who has defended many prolific personalities in criminal cases, such as murder.