RULING
We are of the clear view that there is no merit in the application before us and it must accordingly fail.
The applicant Mr Mark Oweggi is an advocate of the High Court of Kenya. He is being prosecuted in the Court of the Chief Magistrate at Nairobi on charge of stealing by an agent contrary to section 283 of the Penal Code. That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied with. The proviso to that section is to the effect that no prosecution for an offence under that section shall be instituted unless a report has been made to the Attorney – General by the Disciplinary Committee created under the Act. The applicant’s contention appears to be that as he is an advocate, he can only be prosecuted for theft of a client’s property in accordance with the procedure set out under the Advocate’s Act and that since se…