find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Senate gig for Adelaide lawyer Lucy Gichuhi

Senate gig for Adelaide lawyer Lucy Gichuhi

Family First has parachuted Lucy Gichuhi into the South Australian seat left vacant by ex-senator Bob Day, following a ruling by the High Court.

Family First politician Lucy Gichuhi has been confirmed as the new senator for South Australia, making her the first Kenyan-born to serve as federal politician in Australia.

The Adelaide lawyer was given the green light to replace Bob Day in the Australian senate, following a High Court ruling handed down yesterday, 20 April. The decision thwarted the possibility of a legal challenge to Ms Gichuhi’s status as an Australian citizen.

According to the Australian constitution, no person holding dual citizenship is eligible to serve as a federal politician.

Ms Gichuhi migrated to Australia from Kenya with her young family in 1999. She was granted Australian citizenship two years later in 2001, and has maintained that she never held dual citizenship.

The Australian Labor Party (ALP) subsequently sought advice from top legal advisors about whether questions concerning the Family First candidate’s citizenship had any bearing on the integrity of the electoral system and the matter came before the High Court.

Appearing before a full bench, Commonwealth Solicitor-General Stephen Donaghue SC said that under Kenyan law, national citizenship is automatically withdrawn should a person over 21 take the citizenship of another country.

Yesterday a full bench of the High Court found that Ms Gichuhi’s citizenship should have been raised earlier if it was an issue. Justice Jeffrey Nettle also told the parties that the eligibility of the Family First candidate had already been investigated by Attorney-General George Brandis QC. The court ruled that the lawyer is now free to take her seat in the Senate.

Earlier this month, the Court of Disputed Returns said Mr Day was ineligible for election to the Upper House, finding that office leasing arrangements organised by the ex-senator were in breach of the constitution.

Ms Gichuhi is a commerce/law graduate of the University of South Australia. She has worked for the state Auditor-General’s Department and done volunteer work in the Roma Mitchell Community Legal Service Centre and Women's Legal Service SA.

*Correction: This article previously reported that the court found "there was no issue" with the Senator's citizenship. The full transcript of the decision can be read here.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Senate gig for Adelaide lawyer Lucy Gichuhi
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Quentin Bryce
Oct 18 2017
DV has worsened in a generation: Quentin Bryce
Former governor-general of Australia Dame Quentin Bryce AD CVO has spoken of her deep distress about...
Lawyers
Oct 18 2017
Academics entertain the idea of law without lawyers
Researchers from Queensland will explore some of the most disruptive trends tipped to transform the ...
Please, Continue (Hamlet), Melbourne Festival
Oct 16 2017
Hamlet suffers slings and arrows of top Victorian barristers
Victorian judges and barristers have performed the unique play Please, Continue (Hamlet) at the Melb...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...