Gabriel Kuot & Co. Advocates

Gabriel Kuot & Co. Advocates Advocate and Legal Consultant

Regardless of the political parties deadlock over the amendment procedures today in parliament, it’s made crystal clear ...
11/05/2026

Regardless of the political parties deadlock over the amendment procedures today in parliament, it’s made crystal clear under article 8.4 of the R-ARCSS, 2018 read together with article 197 of the Transitional Constitution of the Republic of South Sudan 2011 as amended which provide for that the agreement shall be considered amended if the 2/3 of the members of the Council of Ministers passed the amendment of the agreement and the 2/3 of the RJMEC consent to the amendment procedures.

Therefore, the 2/3 members of the National Legislature shall sit separately and incorporate the amendments in the constitution.

In a nutshell, what counts is whether the condition of the 2/3 majority is met or not but not the number of the members of parliament which boycotted the amendment procedures.

“We Speak Law Fluently”

Adv. Gabriel Kuot Akok Deng,
Managing Partner,
Gabriel Kuot & Co. Advocates,
Juba, South Sudan

‎The Role of the Defense Lawyer‎‎When someone is accused of a crime, they have the right to defend themselves in court. ...
21/04/2026

‎The Role of the Defense Lawyer

‎When someone is accused of a crime, they have the right to defend themselves in court. This is where a defense lawyer comes in. The job of the defense lawyer is very important because they make sure that the accused person gets a fair hearing.

‎A defense lawyer’s first duty is to protect the rights of the accused. Everyone is innocent until proven guilty, and the lawyer makes sure that the court treats the accused fairly. They check that the police followed the law when arresting or questioning their client. If the police broke the rules, the lawyer can challenge it in court.

‎Another big part of their job is to study the case carefully. The defense lawyer looks at all the evidence, the witness statements, the police reports, the documents, to see if there are mistakes or weak points. If the evidence is not strong enough, the lawyer will use that to defend their client.

‎Defense lawyers also prepare arguments to present in court. They question witnesses, cross-examine them, and try to show the judge or jury another side of the story. Their goal is to make sure that no one is punished unless there is clear and strong proof that they are guilty.

‎Sometimes, a defense lawyer will negotiate for a lighter punishment if the accused admits to the crime. This is called plea bargaining. It can save time and make the punishment less harsh than if the person was found guilty after a full trial.

‎Defense lawyers also give legal advice to their clients. They explain what the law says, what might happen in court, and help the accused make good decisions about their case.

‎It is important to know that a defense lawyer is not there to support crime. They are there to make sure that justice is done. Even guilty people have rights, and the lawyer’s job is to make sure those rights are respected.

‎Without defense lawyers, innocent people could easily be punished for crimes they did not commit. They play a big role in keeping the justice system fair for everyone.


‎Question:
‎What is the main duty of a defense lawyer?
‎A) To punish the accused
‎B) To protect the rights of the accused
‎C) To support the police
‎D) To hide evidence


‎Copied from Criminology Research Study Centre Worldwide (CRCW)

IGNORANTIA JURIS NON EXCUSAT.Have you ever heard "ignorance of the law is not an excuse"? 🤔It's real in my country.Ignor...
15/04/2026

IGNORANTIA JURIS NON EXCUSAT.

Have you ever heard "ignorance of the law is not an excuse"? 🤔

It's real in my country.

Ignorantia juris non excusat means not knowing a law doesn't exempt you from punishment.🤷

Please stay away from violating the governing laws in the name of being relaxed without amendment.

INSPIRATIONAL STORY FOR “ NO ONE IS ABOVE THE LAW”In the small, sun-drenched kingdom of Aethelgard, nestled between towe...
06/03/2026

INSPIRATIONAL STORY FOR “ NO ONE IS ABOVE THE LAW”

In the small, sun-drenched kingdom of Aethelgard, nestled between towering mountains and a sparkling sea, lived a king named Alaric. He was a just and beloved ruler, known for his wisdom and his deep love for his people. Yet, even in the most just of kingdoms, a shadow can fall.

King Alaric had one weakness: his son, Prince Edric. The prince was not cruel, but he was reckless, raised with a sense of entitlement that came from a life of privilege. He rode his horse through the market square with abandon, trampling merchant stalls and scattering goods. When confronted by the city watch, he would simply laugh and say, "Do you know who I am?"

For years, the citizens bore it with quiet grumbling. They loved their king too much to openly complain about his son. But one autumn day, Prince Edric’s recklessness went too far. Racing his friends on the high road outside the city, he lost control of his chariot. It swerved and crashed into a farmer’s cart, carrying an old man named Theron and his young granddaughter, Elara, home from the market. The cart was shattered, the old man’s leg was broken, and the apples they had sold to buy winter flour were crushed and scattered in the mud.

The city watch had no choice but to arrest the prince. He was brought before the city’s magistrate, a woman named Valeria, whose reputation for fairness was as solid as the mountains themselves. When Prince Edric was led into her court, he stood with his arms crossed, a smirk on his face. The courtroom was packed with silent, anxious citizens.

The old farmer, Theron, was helped to a seat, his face pale with pain. His granddaughter, Elara, clutched his hand, tears staining her cheeks.

Magistrate Valeria listened to the witnesses. She saw the shattered cart and the prince’s dismissive attitude. According to the laws of Aethelgard, damaging property and causing injury through reckless driving was a serious offense, punishable by a heavy fine, the confiscation of the offending vehicle, and a public flogging.

When she pronounced the full sentence, the courtroom gasped. The prince’s smirk vanished, replaced by disbelief and rage.

"You cannot be serious!" he shouted, his face reddening. "I am the king’s son! I am not bound by the same laws as a common farmer! My father will hear of this!"

The crowd murmured. They feared the prince was right. What was a law against the will of the king?

That evening, the prince was brought, not to the dungeon, but to the king’s private study. King Alaric sat in a large, ornate chair, his face etched with sorrow and worry. Prince Edric stormed in, his chains clinking with every step.

"Father!" he exclaimed. "That woman, that magistrate, has humiliated me! She has humiliated our entire house! You must overrule her. You must make an example of her!"

King Alaric looked at his son, his heart heavy. He saw the anger, the pride, and the deep-seated belief that he was special, that the rules were for other people. He saw the frightened face of little Elara in his mind, a vision the magistrate had painted for him.

He stood up slowly and walked to his son. He did not embrace him. Instead, he looked at him with a profound and piercing sadness.

"Son," the king said, his voice quiet but firm, "do you know why our kingdom has prospered for so long? It is not because of my wisdom, or the strength of our army. It is because of our trust in one single, sacred principle."

He walked to a large, ancient book on a pedestal—the book of laws. He placed his hand upon it.

"Long ago," the king continued, "our ancestors decided that no man would be above this. Not the richest merchant, not the strongest warrior, and not the king himself. This law is not a chain to hold you down, Edric. It is a shield to protect everyone. It is the only thing that stands between the weak and the powerful. It is the very foundation upon which Aethelgard is built."

The prince stared, his jaw tight. "So you will let your own son be flogged like a common criminal? For a broken cart and a bruised old man?"

"The law does not ask if the victim is a prince or a peasant," the king said, his voice gaining a quiet steel. "It asks only what is just. If I break this foundation for you, then it is broken for everyone. If I place you above the law, then I declare that the law is nothing. And a kingdom with no law, my son, is not a kingdom. It is a jungle."

Tears welled in the king's eyes. "Your humiliation will pass. Theron's broken leg will heal. But if I abuse my power to shield you, the trust our people have in justice will be broken forever. That wound would never heal. That is a price I cannot, and will not, pay."

The next morning, the entire city gathered in the square. Prince Edric stood in the stocks. The public flogging was not severe, but the shame was absolute. He was forced to watch as his beautiful chariot was broken into pieces by the king’s own guards. And he was made to hand over a heavy purse of gold to a weeping Elara, more than enough for a new cart and a winter’s worth of food.

A profound silence fell over the crowd. Then, a single, old voice rang out. It was Theron, leaning on his crutches.

"Long live the King!" he cried, his voice cracking with emotion. "Long live the law!"

The silence broke into a deafening roar. The people were not cheering for the prince's pain; they were cheering for the sight they had just witnessed. They had seen their king, with his own hands, bow to the same authority that governed them. They had seen the foundation of their world reinforced, stronger than ever before.

Prince Edric, head bowed, learned a lesson that day that no tutor could ever have taught him. He learned that true power did not lie in being above the law, but in being its most humble and faithful servant. And King Alaric, with tears on his cheeks, knew he had not lost a son’s pride, but had perhaps, finally, gained a man worthy of the crown. For in a kingdom where no one is above the law, everyone, from the poorest farmer to the king himself, is free.

This is a fictional story filled by

Gabriel Kuot & Co. Advocates,
Juba, South Sudan

The case of Johnson Olony is one of the current captivating International Humanitarian Law Case in South Sudan. Universi...
16/02/2026

The case of Johnson Olony is one of the current captivating International Humanitarian Law Case in South Sudan. University of Juba is doing great in equipping law students with contemporary legal matters.

The Legal implications of cybercrimes and computer misuse law on the freedom of expression, press and media in South Sud...
20/10/2025

The Legal implications of cybercrimes and computer misuse law on the freedom of expression, press and media in South Sudan

The South Sudan Cybercrimes and Computer Misuse Provisional Order, 2021, passed by the council of ministers in the cabinet meeting of 2023, & which later on it was tabled before the parliament in September 2024, has significant negative legal implications for the country's freedom of expression, press, and media because the law contains vague and overly broad provisions that are easily misused by the government to suppress online dissent, prosecute journalists, and intimidate critics and opposition leaders.

Negative implications for freedom of expression
False or misleading information clauses:
The law criminalizes the publication of "false or misleading" information, an offense that carries severe penalties, including potential imprisonment.

The term is not clearly defined, leaving it open to broad interpretation and misuse against legitimate online expression. For journalists and media outlets, reporting on sensitive or developing stories becomes dangerous, as initial inaccuracies could lead to prosecution.

Offensive communication: Section 25 criminalizes "offensive communication," a vague provision that can be used to target any government critics or dissidents.
This has a chilling effect on citizens, who are discouraged from posting any content that could be perceived as critical or insulting to authorities, even in private online forums like WhatsApp groups.

Liability for group administrators: The law warns that administrators of online groups on platforms like WhatsApp and Facebook can be held legally responsible for illegal or harmful content posted by members.
This provision creates a significant risk for journalists and activists who use these platforms for their work, forcing them to censor or shut down groups to avoid prosecution.

Expansion of state surveillance: While the law was intended to combat specific crimes like human trafficking, some clauses permit the government to compel service providers to retain subscriber data for 180 days.
Without clear judicial oversight, this enables broad state surveillance and infringes on citizens' right to privacy as stipulated under article 22 of the TCSS, a core component of free expression.

Negative implications for press and media

Chilling effect on journalism: The unclear worded offenses, coupled with the threat of harsh penalties like flogging or long prison sentences, create a powerful "chilling effect" on the media.

Journalists are forced into self-censorship to avoid being targeted for their reporting on political corruption or the human rights record of the state.
Arbitrary arrests of journalists:

The cybercrime law has been used in conjunction with other repressive laws, such as the 2008 Penal Code and the 2014 National Security Act, to justify the arbitrary detention of journalists.

Incompatibility with constitutional and international law: Article 24 of the South Sudan's Transitional Constitution, as well as international treaties like the International Covenant on Civil and Political Rights, guarantee the right to freedom of expression and access to information.

However, the Cybercrimes Provisional Order directly contravenes these protections. The criminalization of defamation is particularly incompatible with international standards, which recommend decriminalizing such offenses.

In conclusion, any law contradicting the provisions of the Transitional Constitution of the Republic of South Sudan becomes invalid, null and void. Therefore, the so-called Cybercrime and computer misuse Act is unconstitutional because it contravenes the supreme law of the land.

We Speak Law Fluently!

Gabriel Kuot & Co.Advocates
Advocates and Legal Consultants
Juba, South Sudan
Email: [email protected]
WhatsApp:0926 100 082

14/10/2025

Hallo, our followers!
What do you missed from our service?

23/09/2025

We are deciding to join one of the teams. What's your suggestion??

Congratulations to our managing partner, Adv. Gabriel Kuot Akok on being awarded a certificate in Transformative Leaders...
07/09/2025

Congratulations to our managing partner, Adv. Gabriel Kuot Akok on being awarded a certificate in Transformative Leadership by the IGAD Leadership Academy in collaboration with the government of Japan.
Adv. Akok is recognised as an outstanding participant in IGAD Leadership Development Training Cohort 2, which was conducted in Kenya School of Government in Nairobi.
He had been awarded by IGAD Special Envoy for the Red Sea and Somalia, H.E. Dr. Guyo.

21/07/2025

When Police arrest you unlawfully, What to do before you call a lawyer.

If the police ever arrest you, don’t panic, think.

Yes, some arrests are unlawful, but the way you behave can either protect you or complicate your matter.

Here’s what to do immediately:

1. Ask, Why am I being arrested?
It’s your right. The police must tell you. If they say Just enter motor, that’s NØNSÊNSE.

2. Do not resist:
Arguing or fighting back can turn a small issue into “assãulting an officer.”

3. Don’t write a statement immediately:
Calm down. Call your lawyer first. Even a single word in your statement can be used against you.

4. Call someone and say where you are:
Tell a friend or family member immediately. Let people know your location.

5. Record if you can:
Silently record audio or video if they’re harãssing you. That recording can save you in court.

You have rights but you must know them to use them.

The police is not your enemy.

But your silence and ignorance can be.

Good morning and have a lovely day ahead.

One love.

Copied from Stella Justice.

Address

Juba

Opening Hours

Monday 09:00 - 17:00
Tuesday 09:00 - 17:00
Wednesday 09:00 - 17:00
Thursday 09:00 - 17:00
Friday 09:00 - 17:00

Telephone

+211926100082

Website

Alerts

Be the first to know and let us send you an email when Gabriel Kuot & Co. Advocates posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Gabriel Kuot & Co. Advocates:

Share