|For The Public|
The (advocates) Disciplinary Tribunal consists of the Attorney-General as its Chairman, 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(10) years standing. Since June 2002, a provision has been made for the appointment of three (3) lay persons into the tribunal. The committee may act as a tribunal of either three or five members. The tribunal sits largely as a court but with a bit of relaxation regarding the strict rules of evidence.
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 Tribunal 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 Tribunal may order -
Every advocate is subject to the jurisdiction of this tribunal. The Secretary of the Law Society of Kenya serves as the secretary to the Tribunal. The LSK Secretariat serves as the administrative arm of the committee. It receives the frame charges from the Advocates Complaints Commission, sets them down for plea and undertakes service of the process upon advocates. It is also in charge of ensuring compliance with orders of the Tribunal.
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.
Members of the Disciplinary Tribunal
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 Tribunal.
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 Tribunal 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.