Lawyers across the world are guided by set out rules of standards set forth in codes of conduct and privileges, ethics, and rules of professional conduct that are established by state bar associations.
The Law Society of Kenya is guided by the Advocates Act and the Code of Standards of professional practice and ethical conduct (“SOPPEC”) when regulating the professional conduct of Advocates. These regulations provide a comprehensive guide on the conduct of all advocates in Kenya. As the legal practice continues to grow and expand in cross-jurisdictional practice the LSK is cognizant of its role in enhancing mechanisms to ensure that only qualified advocates serve the people of Kenya in articulating their duties that include:
- Duty to the court
- Duty to the client
- Duty to the opponents
- Duty to witness
The Practice Standards and Ethics Committee are mandated By the Council of LSK to provide support and advice on interpretation, management, and best practices in relation to ethical values, professional principles, and standards as appropriate the committee notes that the issues of quacks and practice by unqualified persons have become rampant. The Committee through its Convener Ms. Lindah Kiome has been in the process of continuing with the fight against ethical practice through the weeding out of masqueraders by programming periodic campaigns, engaging stakeholders in law reform matters, and providing guidance in regulating the professional practice. In this regard, the Committee and the LSK Leadership launched a campaign to weed out masqueraders posing as advocates. This exercise began in Nairobi on 17th May 2023 where reported cases of masqueraders were arrested and will be charged in court. The campaign will continue to other parts of the country and will include other strategies such as infographics, webinars, and legal clinics with law students.
The LSK cautions its members against unethical practices and at the same time Members of the public are advised against engaging the services of unqualified persons in any legal transactions.
