jamani kama nilivyosema awali wakili ni ofisa wa mahakama kuu kwa hiyo hakimu wa mahakama ya hakimu mkazi hawezi kumwadhibu kwa namana yoyote ile. yeye anachoweza kufanya ni kupeleka malalamiko kwa hakimu mkazi mwandamizi ili awasilishe malalamiko yake kwenye kamati maalumu ya malalamiko. ndiyo maana hakimu lyamuya alitafuta mashahidi wake na kusema wako tayari kutoa ushahidi wakati muafaka ukifika!!
kamati hiyo ina majukumu haya
ADVOCATES ACT (CAP 341)
section 13. Powers of Committee
(1) The Committee shall have jurisdiction to hear and determine
(a) any application by an advocate to procure the removal of his name from the Roll;
(b) any application by any person to remove the name of any advocate from the Roll; or
(c) any allegation of misconduct made against any advocate by any person.
(2) Where an application or allegation of misconduct is made under paragraph (b) or paragraph (c) of subsection (1), the Committee shall have power to require the advocate in respect of whom such application is made, or in respect of whom such allegation is made, to show cause why his name should not be removed from the Roll of advocates or to answer the allegation made, as the case may be:
Provided that where, in the opinion of the Committee, an application under paragraph (b) of subsection (1), or an allegation under paragraph (c) of that subsection does not disclose a prima facie case, the Committee may refuse such application or may dismiss the allegation without requiring the advocate to whom the application or allegation relates to show cause why his name should not be removed from the Roll or to answer the allegation, as the case may be.
(3) On the hearing of an application under paragraph (b) of subsection (1) or any allegation under paragraph (c) of that subsection
(a) the Committee shall give the advocate to whom the application relates or against whom the allegation is made an opportunity to appear and be heard by it, and for that purpose shall, not less than seven days before the date fixed for the hearing, inform him of such date and of the particulars of the application or allegation, furnish to him a copy of any affidavit made in respect of the application or allegation, and notify him of the time and place when and where he may inspect and make a copy of any other document in the possession of the Committee which it deems relevant to the application or allegation;
(b) the Committee may in the course of the hearing, hear such witnesses and receive such documentary evidence as in its opinion may assist it in coming to a conclusion as to the truth or otherwise of any allegation made against the advocate.
(4) Upon the conclusion of a hearing subsection (3) the Committee may, if it is satisfied of the truth of the allegations upon which an application under paragraph (b) of subsection (1) is founded or of any allegation of misconduct made against the advocate
(a) direct that the name of the advocate be removed from the Roll;
(b) admonish the advocate; or
(c) suspend the advocate from practising for such period as the Committee may direct.
(5) In any proceedings under this section the Committee shall have power to make any such order as to payment by any party of any costs or witness expenses as it may think fit, and any such order shall be deemed to be an order of the High Court and may be enforced in like manner.
(6) If in the course of any hearing before the Committee after the whole or any part of the evidence has been heard and recorded, there is for any reason a change of the members of the Committee, the Committee may act on the evidence so recorded before such change, or partly recorded before and partly recorded after such change, as the case may be, or the Committee may re-summon the witnesses and recommence the hearing:
Provided that the advocate whose misconduct is the subject matter of the proceedings may, when the Committee resumes its proceedings after such change, demand that all the witnesses or any of them be re-summoned and reheard and shall be informed of such right by the Committee when it so resumes its proceedings.