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Disciplinary Committee

The (advocates) Disciplinary Committee consists of the Attorney-General, the Solicitor-General or a person deputed by the attorney-General, six advocates (other than the Chairman, Vice-Chairman or Secretary of the Society) of not less than ten years standing and three other persons, not being advocates appointed by the Attorney General on the recommendation of the Society.
A complaint against an advocate of professional misconduct, which expression includes disgraceful or dishonorable incompatible with the status of an advocate, may be made to the Committee by any person.  The Complaint is made by affidavit by the complainant setting out the allegations of professional misconduct.

Where a case of professional misconduct on the part of an advocate has been made out, the Disciplinary Committee may order -

   1.       That such advocate be admonished; or
   2.       That such advocate be suspended from practice for a specified     period not exceeding five years; or
   3.       that the name of such advocate be struck off the Roll of Advocates;  or
   4.       That such advocate does pay a fine not exceeding one million   shillings, or such combination of the above orders as the Committee thinks fit.
   5.       That such advocate pays to the aggrieved person compensation or reimbursement not exceeding five million shillings.

Advocates' Complaints Commission

The Advocates Complaints Commission is a department within the Attorney General’s Office.  It consists of such commissioner or commissioners as may be appointed by the President for the purpose of inquiring into complaints against any advocate, firm of advocates, or any member or employees of an advocate or firm of advocates.  Where the President appoints a single commissioner, the person appointed must be a person who is qualified to be appointed as a Judge of the High Court under Chapter IV of the Constitution of Kenya.  Where the President appoints more than one commissioner, at least one commissioner must be so qualified.
The Commission is obliged by law to receive and consider a complaint made by any person, regarding the conduct of any advocate, firm of advocates, or any member or employee thereof.
If it appears to the Commission whether before or after instruction that there is substance in a complaint but that the matter complained of constitutes or appears to constitute a disciplinary offense, the Commission refers the matter to the Disciplinary Committee for appropriate action.  In practice, the Complaints Commission prosecutes such matters before the Disciplinary Committee.

 Complaints against Advocates

Advocates and lawyers are subject to the laws of the land just like any other citizen.  Accordingly, they are liable for any breach of the law in the same manner as any other person.  Besides the law, advocates and lawyers have a higher calling to observe a strict code of professional conduct and etiquette in their dealings with clients, colleagues and members of the public.  Breach of the code amounts to professional misconduct for which an aggrieved person may lodge a complaint with the Law Society of Kenya, the Advocates Complaints Commission or the Disciplinary Committee.

Complaints against advocates may be made to the Advocates Complaints Commission, which is a department within the Attorney General’s Chambers.  The complaint should be in writing and supported by relevant documentary or other evidence.  Complaints may also be addressed to the Disciplinary Committee, or the Law Society of Kenya.  In practice, most complaints are dealt with by the Advocates Complaints Commission and the matter will normally be taken to the Disciplinary Committee if it is of a serious nature or if it involves professional misconduct on the part of the advocate.

Legal Awareness Week

The  objective of the Legal Awareness is to promote the mandate of the Law Society of Kenya by extending legal literacy and awareness to members of the public. The public will also be advised on various aspects of the Law including Civic Education, Civil, Criminal and Family/probate. The Law Society of Kenya Branches shall also observe this week and coordinate their legal Aid activities at the branch level.

During the Legal Awareness Week, organizations involved in legal work will be given a chance to show-case their services with a view to promoting a better understanding by the public of the role lawyers play in the advancement of legal literacy and advocacy. Members of the Law Society of Kenya offer pro bono services to the public.

 

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