Law Summary: Advocates Act, Cap. 16 (Kenya)

Law Title: Advocates Act
Chapter: Cap. 16
Jurisdiction: Republic of Kenya
Date of Assent: 13 December 1989
Date of Commencement: 15 December 1989 (except Section 32: 1 January 2000)
Revised Edition: 2012 [Originally enacted in 1989]
Published by: National Council for Law Reporting under the authority of the Attorney-General

Purpose of the Advocates Act

To consolidate and amend the law relating to the qualifications, admission, practice, discipline, and regulation of advocates in Kenya.

Right to Practice as an Advocate:
- Only those admitted, listed on the Roll, and with a valid practising certificate may act as advocates.
- Foreign advocates may be permitted to practice in limited circumstances with approval from the Attorney-General.
Admission as Advocate:
- Applicants must be citizens of East African countries and meet academic and professional requirements.
- Admission is done by petition to the Chief Justice.
Senior Counsel:
- Advocates with at least 15 years of exemplary legal practice may be conferred the title “Senior Counsel” by the President.
Practising Certificate:
- Must be applied for annually and includes membership to the Law Society of Kenya and Advocates Benevolent Association.
- Conditions may apply for previously suspended or bankrupt individuals.
Unqualified Practice:
- Strict penalties for unqualified persons acting as advocates or drawing legal documents.
- Advocates are barred from aiding or profiting with unqualified persons.
Remuneration:
- The Chief Justice prescribes legal fees.
- Advocates may enter fee agreements with clients, which must be in writing.
Complaints and Discipline:
- Establishes a Complaints Commission and a Disciplinary Tribunal.
- Provides mechanisms for clients to file complaints and obtain redress including refunds or compensation.
Miscellaneous:
- Includes provisions on legal education, powers of the Council of Legal Education, and transitional arrangements.