Advocates Disciplinary Tribunal

THE ADVOCATES DISCIPLINARY TRIBUNAL MEMBERS

ESTABLISHMENT

The Advocates Disciplinary Tribunal (ADT) plays a crucial role in upholding the standards of the legal profession in Kenya. The ADT is established under Section 57 of the Advocates Act, Cap 16 and is mandated to hear and determine complaints against advocates.

MANDATE

The Advocates Disciplinary Tribunal adjudicates on matters brought before it. Where a case of professional misconduct has been made against an advocate the Tribunal may order that: that such advocate be admonished; or that such advocate be suspended from practice for a specified period not exceeding five years; or that the name of such advocate be struck off the Roll; or that such advocate do pay a fine not exceeding one million shillings; or that such advocate pays to the aggrieved person compensation or reimbursement not exceeding five million shillings.

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.

CONSTITUTION

The ADT is comprised of the Attorney-General, Solicitor-General or a person deputed by the Attorney-General, six advocates, the chairman, vice-chairman and the Secretary of the Law Society. The Secretary of the Society is the Secretary to the Advocates Disciplinary Tribunal. Currently, the Tribunal is constituted as follows;

1. William Maema- Chairperson
2. Eunice Lumallas- Member
3. Andrew Kituyi-Member
4. Esther Muigai-Member

Ms. Mwathi M. Kitonga (seconded by the CEO) is the Secretary to the Disciplinary Tribunal.

KEY STAKEHOLDER

Operating in close coordination with the Advocates Complaints Commission (ACC), the ADT serves as a vital component of the legal system’s accountability framework. The Advocates Complaints Commission (ACC) is led by the Chairperson, Mr. Cheboi Moses Kipkemboi. The ACC is established under Section 53(1) of the Advocates Act. It is mandated to receive complaints of professional misconduct against advocates, promote reconciliation and provide an amicable settlement through ADR and conduct investigations with regards to complaints lodged against advocates. Additionally, the Commission may refer and prosecute complaints of professional misconduct before the ADT, at no cost.

The Society was established by an Act of Parliament – The Law Society of Kenya Act (Chapter 18 of the Laws of Kenya). The Law Society in its present form was formed in 1948 by section 3 of the Law Society of Kenya Ordinance, 1949. That Act was later repealed by the current Law Society of Kenya Act, which came into force on 30th October, 1992.