Vol. 4: An Appeal On The Decision of The Advocates Complaints Commission By The Secretary at Cooperative Building, 20th Floor, Nairobi, Delivered-and-Issued On Friday 18th November, 2022 At 4:02 PM In COMPLAINT-CC/PE/AUG/22/36:- I Squeezed Final Submission Vol. 12 Subject To Deadline Extension To The ACC-Secretariat: Ombudsman-Kisumu PDF-Attachment back to square-A ACC c/o OAG: GoK sadist, animist-witch, GLBTQ-Occultist ex-President Uhuru's and co. political-legal abuse endemic, systemic-and-systematic corruption continued sanctioned endless-persecution ( for purposes of shielding his criminal co-conspirators, accomplices and bosom-buddies from persecution ) to embezzle me my now 10yrs 4-months Kihara-Construction accident evidence-destruction / spoliation continuous-violations-of-the-law series-of-crimes 10m+ litigation damages case as Ombudsman-Kisumu finally replied on 25th July 2022 on a PDF-letter addressed way back on 28th April 2022 even before the Ombudsman-Nairobi contacted me on 23rd May 2022. I pray the divine-intervention of civil-society-groups / concerned authorities to fasttrack arrest-and-prosecution of the impunity for purposes of expediting payment of my risked damages as I wane in virility at 44yrs of imposed pauperism unable to date or marry. SOS.

NB: Had a long day, will do something substantial probably tomorrow and wind-up in a few days.

Dear Sir / Madam,

I've jus' started the appeal against time, resources and behind-the-scenes-corruption / interference by the adversely-mentioned accomplices / co-conspirators of the unscrupulous-advocates below, greatly hampering the progress of the same by including suspicious manipulations of incessant power-and-internet blackouts ; not to mention having to divide the meagre coins between food and the cyber cafe to file this appeal which I hope you'll bear with me till my last submission. I pray the divine-intervention of civil-society-groups and concerned-authorities to impress upon the Advocates Complaints Commission-Secretariat c/o Office of the Attorney General to Certify the cited Appeal-matter below as Urgent and hear it henceforth as complete-submission with regards to dispensing the service of the application in the first instance due to the nature of the 10yrs 5-months political-legal abuse delays and the reliefs sought. Funds to support filing the Appeal can be channelled through:-

PAYPAL:-{ https://www.paypal.com/donate?hosted_button_id=CBUZUFVRAWK2J}; 

MPESA:-{ +254723047863 or +254764087863 }; 

BANK:-{ Equity Bank, Migori Branch, Acc. No. 1160168298894 }. SOS. 

Thank you in advance.

Yours Faithfully,

Erick Mango.

(A.):- Introduction

1.-The Respondent-Advocates Complaints Commission's DECISION against me the Indigent-Appellant in the subordinate cause was based on my COMPLAINT-CC/PE/AUG/22/36 as submitted then, of I the Indigent Petitioner/Plaintiff  Erick Otieno Mango Versus the Deffendants Owade & Co. Advocates and Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) which was anchored on :-

"the tort of professional negligence-and-liability as concerns breach-of-duty and nuisance with regards to continuous-violations-of-the-law traffic-accident evidence-destruction / spoliation series-of-crimes political-legal abuses involving Owade & Co. Advocates in cahoots with Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) conjunctively with accomplices and co-conspirators including Migori Police Station Traffic Police and Kihara-Construction, plus two ex-Chiefs of Suna East Amara and Odero-and-his-son, plus Peter-and-Pamela Mango the dysfunctional, compulsive-neurotic sex-perverts I've disowned pending due process… as detailed in the attached blog-site authorities links memos-letter correspondences to civil-society-groups and concerned authorities" ; as cited in Per Anderson B in "Blyth v Birmingham Waterworks Co. 1865 "that the tort-of-Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do."

2.-That pursuant to the said basis-of-my COMPLAINT-CC/PE/AUG/22/36 as submitted then, which the Advocates Complaints Commission went forth to reiterate therein above that the mandate of the Commission as lies within section 53 of the Advocates Act is to deal with complaints against advocates, law firms or their employees for acts of professional misconduct, not tort; and further, that my allegation wasn't be backed by any evidence authorizing them to inquire deeper into the complaint, thus lacked 'substance'.

3.-I hereby take this solemn opportunity in application pursuant to the provisions of Order 8 of the Civil Procedure Rules, 2010 to seek orders that I the Indigent Petitioner-Appellant be granted leave to AMEND this COMPLAINT-CC/PE/AUG/22/36 lodged with the Commission from the 19th August 2022 through to the submission deadline of 4th October 2022 because of my govt. of Kenya's political-legal imposed indigent / penniless-pauperism status which couldn't allow me to lodge it in one piece and instead had to in bits-and-pieces; premised on grounds set-out as follows:-

(a.):-"That the proposed amendments are intended to bring before this Honorable 'Appellant-Advocates Complaints Commission' the real matters in controversy between the Parties herein so that the same are determined on their true and substantive merits.

(b.):-The proposed amendments are further necessitated by information relevant for the fair and just determination of the real questions in controversy in this appeal which came to me, the Petitioner-Appellant/Applicant's knowledge subsequent to the filing of the Petition.

(c.):-The time allowed under the Civil Procedure Act and Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice Procedure Rules 2013 for amendment of Petition has not expired.

(d.):-The proposed amendments will not occasion any prejudice to the Respondent Advocates Complaints Commission ;

(e.):-The proposed amendments arise out of the same facts or substantially the same facts in respect of which relief is claimed by the Petitioner-Appellant/Applicant ;

(f.):-It is therefore in the interest of justice that I the Petitioner-Appellant/Applicant should be granted leave to amend its Petition filed herein."

4.-In that context, I aver that the issue of amendment of pleadings is not novel and has been the subject of numerous Court decisions, the common denominator being that as a general principle, Courts will normally allow amendment of pleadings at any stage of the proceedings if it can be done without occasioning injustice or prejudice to the other party and which prejudice can be compensated by an award of costs - See generally Eastern Bakery vs Castelino (1958) EA 461, Ochieng and Others vs First National Bank of Chicago Civil Appeal No. 149 of 1991 and Kenya Commercial Bank vs Kenyatta National Hospital & Another (2003) 2 EA.

5.-My COMPLAINT-CC/PE/AUG/22/36 being as much a Constitutional Petition as far as the Protection of Rights and Fundamental Freedoms go  the rules of procedure applicable are the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013. In that regard, Rule 18 of the Rules provides that, "a party that wishes to amend its pleadings at any stage of the proceedings may do so with the leave of the Court". As to the applicability of that Rule, in The Institute for Social Accountability and Another vs Parliament of Kenya and 2 Others Petition No.71 of 2013, the Court stated that;

"Rule 18 of the Rules clearly stipulates that the court may permit an amendment at any stage of the proceedings. The court will normally allow parties to make such amendments as may be necessary for determining the real questions in controversy or to avoid a multiplicity of suits, provided there has been no undue delay, no new or inconsistent cause of action is introduced, and no vested interest or accrued legal right is affected and that the amendment can be allowed without an injustice to the other side." 

6.-In this regard I also rely by Precedent aka Case-law or Common-Law on the case of The Institute for Social Accountability (supra) where the Court stated as follows as regards the purpose of amendments;

"The object of amendments is to enable the parties to alter their pleadings so as to ensure that the litigation between them is conducted, not on the false hypothesis of the facts already pleaded or the relief or remedy already claimed, but rather on the basis of the true state of the facts which the parties really and finally intend to rely on. The power of amendment makes the function of the court more effective in determining the substantive merits of the case rather than holding it captive to form of the action or proceedings."

7.-In applying the above principles here, I the Petitioner-Appellant am of the view that the ends of justice will be achieved and the principles and values enunciated in Chapter Six of the Constitution will better be served if the amendment is allowed and the issues in contest dealt with wholly. At this point, this 'Appellant Advocates Complaints Commission' is not concerned with the substantive merits of me the Petitioner-Appellant's case as those are matters that will be canvassed at the HEARING and I am therefore satisfied that the AMENDMENT will help the Court conclusively determine the issue before it and declining the amendment at this stage may only lead to the filing of another suit and such an approach would negate the principles of judicial authority enunciated in Article 159(2) of the Constitution of Kenya 2010 that all suits should be expeditiously determined.

8.-I thus urge the ACC-Secretariat c/o OAG being the principal regulator of the legal profession in Kenya in accordance with the edict in  Advocates Act Section 53 Cap 16, mandating it to protect the general public in matters touching to, incidental or ancillary to the law, to hence  exercise its powers under Section 57 & 60(1)(2)(3) with regards to investigating-and-prosecuting the adversely mentioned unscrupulous advocates' professional-misconducts Breach-of-Contract since they flouted-and-violated mandatory procedure in statutory-and-constitutional guidelines choosing to rather engage in alien procedure that resulted in illegalities grounding my claims for violation-infringement of my fundamental rights-and-freedoms ; as read together with Sec 61(3) on the OAG exercise of disciplinary powers; and as read together with Sec 61(1) on binding orders and Sec 31 Advocates Act Cap 16 on advocates offences ; as well as read together with Sec 53(1)(2)(3)(4)(5)(6)(7)(8)(9) and Sec 4(b)(e) and Sec 57(1)(2)(3)(4); not to mention as read together with the LSK Act Cap 18, Cap 15 & Article 59(4); and the provisions of the Rules of Court on the administration of the Evidence Act CAP 80 encompassing the rules and legal principles that govern the proof of facts in legal proceedings besides generally referring to that which is used to prove facts in issue or facts from which facts-in-issue may be deduced ; as read together with the Practice and Procedure Rules 2013 aka ("Mutunga Rules") of which the overriding scope-and-objective is to facilitate access to justice for all persons with regards to enforcement of the Bill of Rights under Article 22(3) as concerns the Protection of Rights and Fundamental Freedoms...  as read together with Article 23 and Article 165 (3) (b) of the Constitution of Kenya ; for which in this regard, Sub rule 4 provides that the Court in exercise of its jurisdiction under the Mutunga Rules shall facilitate the just, expeditious, proportionate and affordable resolution of all cases ; and where-by furthermore, Sub rule 7 states that the Court shall pursue access to justice for all persons including the poor, illiterate, uninformed, unrepresented, and persons with disabilities... as read together with Articles 47 on administrative-dysfunctions or impunity in the context of  administrative-action in Article 59(1) (h)(i)(k); to thus process this Application under a Certificate-of-Urgency and commence HEARING it thenceforth in the first instance due to the nature of the 10 years 5 months Uhuru's, Raila's (in my broad lawsuit) and now Ruto's AMACO-INSURANCE criminal-conspiracies' political-legal abuses delays, and reliefs-sought amid death-threats which endlessly violate my fundamental rights and freedoms as provided-for in Articles 25(a-d), 27(1-5), 28, 29(a-f) 45(2), 48 and 50(1) as demonstrated explicitly-and-implicitly in detail in my correspondances to civil-society-groups and recorded in my blog-sites including;

(a.):-( https://erick-mango.blogspot.com/2016/10/prosecuting-raila-ex-treason-convict_26.html ) ;

(b.):-( https://startrextraterrestrials.wordpress.com/2022/09/26/vol-10 ) ;

(c.):-( https://startrextraterrestrials.wordpress.com/2022/03/15/vol-3-uhuru-and-raila-gok-sanctioned-kangaroo-court-death-row-obstructing-e-filling-of-my-broad-lawsuit-and-10m-damages-covid-19-helb-100-waiver-draft-correspondence-for-which-im-flashing-w/  ) ;

(d.):-( 

as I wither-and-wane in virility, unable to neither kickstart my stalled businesses, date nor marry at 44 years.

(B.):- Background

9.-In order to fully understand me, the Petitioner-Appellant's Application, it is imperative to highlight the gist of my COMPLAINT-CC/PE/AUG/22/36. In my subsequent Submission dated Wed, Nov 16 at 5:27 PM  I averred that Senior State Counsel Leah M Mutua who is the Secretary of the Advocates Complaints Commission violated the provisions of the Contempt of Court Act No 46 of 2016 aka Contempt-of-Court or of Judicial-Process or Contempt-in-Procedure, or just Civil-Contempt which are quasi-criminal in nature and consist-and-refer to conduct of parties abusing the judicial process to the irritation-and-annoyance of their opponents for purposes of interfering with the efficient-and-effective administration of justice by impeding-and-perverting the course of the same through failing to comply with court-orders, directions of tribunals or breaching of judicial-processes undertakings { Osborne's Concise Law Dictionary, P. 102  and Kenyalaw.org } and Chapter Six of the Constitution as she continued to discharge her responsibilities as the Secretary of the Advocates Complaints Commission... as demonstrated in the Wed, Nov 16 at 5:27 PM  letter's caption below...:-

"Dear Sir / Madam,

                            Briefly, after I'd managed to complete up to between 90-95% of the ACC c/o OAG submission-presentations exhausting the issues raised by the ACC-Secretary who'd cut the Nairobi-HQ travel-lodging meeting logistics expenses to a phone-call finally called past their programmed-schedule of 'in the course of the week' between 7-11th November, 2022 this morning on Monday, November 14, 2022 repeating the same issues I'd already exhausted in my written-submissions and/or as lodged in their portal; though my phone battery died midway.

                The bone-of-contention is that the ACC-Secretary had asked on (Thursday, November 3, 2022) to  "allow me to call you in the course of the coming week to better explain what the mandate of the Commission entails;" only for her to change tune on calling and instead revert to more-or-less what seemed like a 'Direct Examination' for a Deposition! 

                        I'd been psyched or prepared for a 'Tell-and-Explain' listening-session and thought I was going to be oriented on a dissection of what 'hot airs,' 'wild-goose-chases' or 'piki piki ponkies' vis-a-vis 'matters-and-facts of law' my written-submissions entailed with regards to the Advocates-Complaints-Commission mandates; yet to my surprise I got instead what appeared to be a Q&A Direct-Examination seemingly to corroborate-or-authenticate the written and portal-lodged submissions. It was a deliberate, intentional disorientation to throw an unsuspecting political-legally abused indigent off-wind for which I'd to find my own bearings in two days of reflective inquiry and conclude the above that 'twas an Oral-Deposition to corroborate and authenticate the written. 

                     I stand to be corrected if I'm mistaken and hence, feeling short-changed hereby hold the Commission and Secretary personally-and-collectively liable, responsible and accountable for any misconceptions, damages or torts accruing from the same including generally: 

              (1.):-Contempt-of-Court or Judicial-Process aka Contempt-in-Procedure, Civil-Contempt which are quasi-criminal in nature and consist-and-refer to conduct of parties abusing the judicial process to the irritation-and-annoyance of their opponents for purposes of interfering with the efficient-and-effective administration of justice by impeding-and-perverting the course of the same through failing to comply with court-orders, directions of tribunals or breaching of judicial-processes undertakings { Osborne's Concise Law Dictionary, P. 102  and Kenyalaw.org }; contrary to the Contempt of Court Act No 46 of 2016.

              My conscience rests in the 'benefit of doubt' I rendered the  Advocates-Complaints-Commission -and-Secretary in concluding 'twas rather a 'Direct-Examination' Deposition following my reflective-inquiry on their suspicious, unbecoming conducts in the opaque manner they run their operations. Otherwise, I smell a rat in ICC-Indicted mass-murders and thieves who've taken-over the govt. with a paltry 7.1m votes outta the registered 22m voters in the name of William Ruto behind-the-scenes who's selectively had corrupt economic-crimes cartel cases of his cronies dropped and is known to be a shrewd poacher of political-parties opponents by bribes and thus the ACC must be bending to his whims in fear of political-repercussions including losing their jobs should they deliver unfavorable judgments or attempt to bring his defendant company AMACO-INSURANCE to book and prosecute them for my KShs 10m+ damages delayed for the past 10yrs 15 months."

-( https://www.standardmedia.co.ke/article/2001457974/how-freedom-has-come-for-ruto-allies ) ;

-( https://www.theafricareport.com/251376/kenya-public-prosecutor-under-pressure-over-withdrawal-of-high-profile-graft-cases/ ) ;

-( https://www.theeastafrican.co.ke/tea/oped/comment/why-the-surprise-at-the-crumbling-of-ruto-allies-cases-3994124 ) ;

-( https://www.africa-confidential.com/article/id/14149/Freedom_for_Ruto_allies_as_prosecutors_drop_corruption_cases ) ;

-( https://www.reuters.com/world/africa/kenyan-court-drops-60-million-corruption-case-against-deputy-president-2022-11-10/ )

...In this my Petitioner-Appellant's Application I therefore seek inter alia an order to the effect that this Appellate Advocates-Complaints-Commission declares that a person shall be strictly liable for contempt of court in any case where the person does any act which interferes or tends to interfere with the course of justice in relation to any judicial proceedings. For purposes of subsection (3), it shall be immaterial whether the interference was not intentional.

(C.):- Contentious Issues Mis-interpreted In Law-and-Fact, Mis-comprehended, Mis-directed, Mis-guided, Mis-led by The learned Advocates Complaints Commission and its Secretary In Arriving At Their Inconclusive, Defective, Arbitrary, Biased, Discriminative, Political-Legal Abuse Decision...Herein Exhaustively Addressed and/or Re-Addressed by Me The Petitioner-Appellant

10.-(a.):-The Mandate of the Advocates Complaints Commission

The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-

-"...if it appears to the Commission whether before or after investigation that there is substance in the complaint but that the matter complained of constitutes or appears to constitute a disciplinary offence it shall forthwith refer the matter to the Disciplinary Committee;..." ;

-"...During our tele-conversation with the complainant on 14th November 2022, I informed you that all complaints received by the Commission must first pass through the sieve to ensure that they have 'merit' or as described above, 'substance'..." ;

-"...For the Commission to decide whether or not a complaint has 'merit' or 'substance' the same is weighed based on the 'evidence' adduced otherwise what would make a complaint worth of pursuit stand out from any other allegation made by anyone against another? The Commission in its implementation of its mandate relies entirely on evidence in determining whether or not a complaint falls within the constraints of what the Commission deals with, being allegations against advocates for acts of professional misconduct..." ;

-"...You have been informed and reminded of our mandate in our letters to you and the importance of documentary evidence. Complaints without evidence are merely allegations without proof..." ;

    (b.):-Proof of Payment

The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-

-"...An advocate, as in any other profession, is entitled to legal fees for professional services rendered within the course of his professional duty. Section 46 of the Advocates Act explains more in Advocate's remuneration and further states that '... such agreement shall be valid and binding on the parties PROVIDED IT IS IN WRITING and signed by the client or his agent duly authorized in that behalf.' ..." ;

-"...In the Help Form filed and signed by yourself on 18th August 2022, you indicated that you had paid the advocate legal fees but then went ahead to state that it was an '..abuse of the court process to ask for proof of payment of legal fees...' Take note that 'He who alleges must prove'..." ;

"...Kindly note that proof of payment in your case would act as evidence that you indeed instructed the advocate, paid a retainer fee for which the Commission would then have authority to inquire from the advocate(s)under which circumstances had he/they received the money paid by you. We wish to reiterate that 'merit' or 'substance' is sourced from evidence, which in this case, is missing...."

   (c.):-Establishment of Advocate-Client Relationship

The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-

-"....It is imperative that you establish an advocate-client relationship while lodging a complaint against 'your' advocate for acts of professional misconduct. In the event legal fees were not paid and/or a written fee agreement is lacking, one is able to establish the same by way of correspondence between yourself as the client and the advocate discussing matters to do with the brief..." ;

-"...You allegedly instructed advocates to render professional legal services on your behalf in exchange for legal fees but you have failed to establish the existence of instructions / advocate-client relationship between yourself and the advocate(s)..." ;

   (d.):-Tort of professional Negligence and Liability

The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-

-"...In your submissions, you further indicated that , 'My complaint's grounded in the tort of professional negligence and liability...'noting to cite the decision of the court in 'Blyth vs Birmingham, read together with the breach of duty of care '...since their professional misconducts failed to meet the statutory requirement-thresholds set by law...' We wish to reiterate as herein above that the mandate of the Commission as lying within section 53 of the Advocates Act is to deal with complaints against advocates, law firms or their employees for acts of professional misconduct, not tort..." ;

-"...Further, your allegation has not been backed by any evidence authorizing us to inquire deeper into the complaint, thus lacking 'substance'..." ;

   (e.):- Inconclusive, Defective, Deficient, Prejudiced Conclusion

The  Advocates Complaints Commission and its Secretary averred inter alia erroneously that:-

-"...It is noteworthy that you have failed, neglected and refused to cooperate with the Commission for the purposes of your complaint as clearly shown in your submissions..." ;

-"...We have (in our communication to you) narrowed down what the Commission would need to pursue your complaint further but you have been insistent on explaining why what we have requested from you is not necessary..." ;

-"...The Advocates Complaints Commission is governed not only by the Advocates Act but also the Constitution of Kenya as read together with other laws allowing the Commission to act within the confines of the Law governing it. The Commission is required to accept complaints from the public however, the complaints are scrutinized to ensure that they fall within the limits of the law, thereby giving them 'substance' or 'merit' or lack thereof..." ;

-"...It is also within the mandate of the Commission pursuant to Section 53(4)(a) of the Act to reject a complaint lacking in merit. This complaint as is lacks merit which results from the lack of evidence and is therefore rejected..." ;

-"...You are at liberty to appeal the decision of the Commission by exercising your rights as under Section 53(8) of the Advocates Act CAP 16..." ;

-"...Further take note that the Commission is not a court or the Disciplinary Committee. The Commission works with the Disciplinary Committee in prosecuting complaints and thus the court procedure dictates the operations of the Commission while at the Prosecution stage/before the Committee but not at the preliminary stages upon receipt of complaints..." ;

-"...Take note that we shall proceed to close our file.

Yours faithfully,

FOR: COMMISSION SECRETARY,

ADVOCATES COMPLAINTS COMMISSION.

Leah M. Mutua

Senior State Counsel..."

(D.):- The Appeal

10.-The instant appeal is with respect to the Decision by the Advocates Complaints Commission dated the Friday 18th November, 2022 At 4:02 PM and delivered on its behalf by the Secretary sitting in their Headquarters at Cooperative Building , 20th Floor, Nairobi, in COMPLAINT-CC/PE/AUG/22/36 of I the Petitioner-Appellant Erick Otieno Mango Versus Owade & Co. Advocates and Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) where the Advocates Complaints Commission inadvertently PROCEEDED TO CLOSE THE FILE-COMPLAINT-CC/PE/AUG/22/36 discriminatively as per the five-issues cited in their response of the PDF-Letter dated Fri, Nov 18 at 4:02 PM including:-

(a.):-The Mandate of the Advocates Complaints Commission ;

(b.):-Proof of Payment ;

(c.):-Establishment of Advocate-Client Relationship ;

(d.):-Tort of professional Negligence and Liability ;

(e.):-DEFECTIVE CONCLUSION  ;

-In which said counterclaim I the Appellant herein seeks against the Respondent-Advocates Complaints Commission prosecution of my COMPLAINT-CC/PE/AUG/22/36 before the Advocates Disciplinary Committee / Tribunal for Breach-of-Contract with regards to continuous-violations-of-the-law traffic-accident evidence-destruction / spoliation series-of-crimes political-legal abuses involving Owade & Co. Advocates in cahoots with Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) conjunctively with accomplices and co-conspirators including Migori Police Station Traffic Police and Kihara-Construction, plus two ex-Chiefs of Suna East Amara and Odero-and-his-son, plus Peter-andPamela Mango the dysfunctional, compulsive-neurotic sex-perverts I've disowned pending due process... as detailed in the attached blog-site authorities links memos-letter correspondences to civil-society-groups and concerned authorities ; 

-Both unscrupulous Owade & Co. Advocates plus Mudeyi Okumu & Company Advocates ( aka Kerario Marwa & Co. Advocates ) professional misconducts' aggravated, disciplinary-offences' continuous-violations-of-the-law, series-of-crimes Breaches-of-Contract in each both different instances respectively are evident in their failures to meet the strict statutory-and-constitutional advocate-client provision-thresholds prerequisites set by law ( contrary to what lawyers of repute would do ) ; and their consequential acts-and-omissions contrary to the Advocates Act Cap 16 and LSK Act Cap 18 which violated-and-infringed my constitutional rights and fundamental-freedoms ( as regards the Practice and Procedure Rules for enforcement of the Bill of Rights under Article 22(3) as read with Article 23 and Article 165 (3) (b) of the Constitution of Kenya concerning jurisdictions to enforce rights and fundamental freedoms that have been denied, violated, infringed or threatened ; aka Mutunga Rules intending to provide a framework which facilitates access to justice for all persons seeking to enforce such provisions ) prejudiced my case and gave rise to their liabilities in Breach-of-Contract out of the losses I've incurred  and continue to incur due to their statutory-and-constitutional faults and short-comings which are the effective causes of my injuries, harms and losses ; and for which I file claims for action for damages as well as costs of the suit subject to the Legal Aid Act 2016 which establishes the National Legal Aid Service with the mandate to:-

1. Provide legal aid services to indigent, marginalized, and vulnerable persons; 
2. Establish a legal aid scheme to assist the indigent to access legal aid;
3. undertake and promote research in legal aid, and access to justice with special reference to the need for legal aid services among indigent persons and marginalized groups;
4.  administer and manage the Legal Aid Fund; and
5.  perform such other functions as may be assigned to it under this Act or any other written law
   
6.  receive grants, gifts, donations or endowments and make legitimate disbursements;
   
7.  any other expenditure necessary for the purposes of this Act.
   
8.  mitigate the likely occasion of loss of any right or the person who may suffer damages;
   
9. mitigate denial of legal aid which would result in substantial injustice to the applicant;

(E.):-The Amended Grounds of Appeal Are As Follows:- 

(a.):-THAT the learned Advocates Complaints Commission and its Secretary erred both in law-and-fact when they arbitrarily closed my case-file relying on contradictory and inconsistent interpretation of the law and CoK-2010 ;

(b.):-THAT the learned Advocates Complaints Commission and its Secretary erred both in law-and-fact when they intentionally outta procedure misdirected themselves to unprecedentedly reject my cogent and plausible documentary evidence on authorities based on the norm of common law practise aka precedent or case law ;

(c.):-THAT the learned Advocates Complaints Commission and its Secretary erred both in law-and-fact when they disregarded-and-failed to consider my authorities authorities based on the norm of common law practise aka precedent or case law evidences ;

(d.):-THAT the learned Advocates Complaints Commission and its Secretary erred both in law-and-fact when they irregularly omitted to accord me an opportunity to testify in a fair hearing occasioning thus a subversion-and-obstruction of the course-of-law, due-process and ultimately a premeditated failure-and-defeat of justice that were curable under PART XII – SUPPLEMENTARY PROVISIONS IRREGULAR PROCEEDINGS of the Criminal Procedure Code and as read with its relevant Sections cited herein including:- 380. Proceedings in wrong place. 381. Repealed. 382. Finding or sentence when reversible by reason of error or omission in charge or other proceedings. 383. Distress not illegal for defect in proceedings. 384. Statements irregularly under section 246.

(e.):-THAT the learned Advocates Complaints Commission and its Secretary erred both in law-and-fact in the glaring procedural errors-and-omissions they occasioned when they should have displayed more diligence in the preliminary stages

Links

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Email signature and footnotes A blog 'bout ICC-Indicted illegitimate president Uhuru's political-legal abuses including Sanctioning my Abuse a...