JUDGMENT
Section 11(1) of the Advocates Act No 18 of 1989, hereinafter called, the Act, is in the following terms:
“11(1) The Attorney General may, in his absolute discretion, admit to practise as an advocate, for the purpose of any specified suit or matter in or in regard to which the person so admitted has been instructed by the Attorney General or an advocate, a practitioner who is entitled to appear before superior courts of a Commonwealth country, if such person has come or intends to come to Kenya for the purpose of appearing, acting or advising in that suit or matter and is not disqualified or suspended by virtue of this Act and a person so admitted (hereinafter in this section referred to as a ‘foreign advocate’) shall not, for the purpose of that suit or matter, be deemed to be an unqualified person.”
Thus, before the Attorney General can exercise his discretion under this subsection, the foreign advocate must be entitled to appear before superior courts of a Commonwealth countr…