| Consistent with its broad statutory mandate, the Law Society of Kenya has numerous specialized committees. These are tasked with fulfilling particular facets of Law Society of Kenya’s objective of fostering the administration of law and justice in Kenya. Our Committees include:
The Standing Committee on Constitutional Review
Pursuant to the Society’s statutory obligation to offer direction to the country on all matters relating to the law and administration of Justice, the Council appointed a Standing Committee on the Constitutional Review Process. The Committee was tasked with engaging stakeholders and the people of Kenya on the mode of recommencing the constitutional review process. It was to consider and review the Bomas Draft, the Kilifi Draft and the Proposed New Constitution of Kenya, and identify contentious issues outstanding in these drafts. Further, the Committee was tasked with charting a new roadmap for the Constitutional Review Process in view of the rejection of the Proposed New Constitution of Kenya at the Referendum in 2005.
The Standing Committee on Constitutional Review conducted a thorough analysis of Kenya’s constitutional jurisprudence. It identified the newly established pillars of constitutional law in Kenya and reviewed them against the backdrop of constitutional theory. Further, the Committee considered and analyzed the peculiar factors that define the people of Kenya, the current constitutional order, the political history of Kenya, Kenya’s ethnic diversity, population distribution, constitutional jurisprudence and previous attempts at reviewing the Constitution.
Further, the Standing Committee on Constitutional Review was particularly tasked with identifying options that could be explored to put the review process on track. Key among its recommendations was the entrenchment of the review process into the current constitution and the establishment of a Constituent Assembly composed of directly elected representatives. The Constituent Assembly, the Committee recommended, should build on the previous review process by utilizing the rich documentary resource base created at the earlier initiative. The Committee identified the need to develop a legal framework for posterity to guide future reviews of the Constitution.
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The Conveyancing Committee
The Conveyancing Committee is mandated to originate proposals on reform of the law and practice in relation to the alienation of interests in land. To this end, the Committee has continually held regular meetings with the Registrar of Lands to raise issues that need resolving in the Conveyancing sector.
The Litigation Committee
The Litigation Committee is tasked with advising the Council of the Society of Kenya on all matters relating to the practice of law in courts and Tribunals in Kenya. It is required to liaise with the courts and tribunals on methods of increasing efficiency reducing delays and costs associated with litigation and administration of Justice in Kenya. The Committee is required to review, from time to time, the remuneration of advocates and prepare proposals for possible reforms
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The Legislation, Law Reform & Scholarly Interest Committee
The Legislation, Law Reform & Scholarly Interest Committee is authorized to deal with matters relating to Legislation and the monitoring of Bills and Acts of Parliament. It deals with various Bills coming before Parliament and advises the Law Society of Kenya on matters that it considers contentious therein.
The Committee is reviewing, among others, the Draft Companies Bill 2006. A report on the said Bill will be tabled before the Council of the Law Society of Kenya to advise it on the efficacy of the Bill. Further, the Committee has been engaged in the examination of essential legislative and constitutional amendments that are required in the run up to the 2007 General Elections.
The Gender Committee
The Council of the Law Society of Kenya set up the Gender Committee to address gender issues in the Society, particularly to promote the participation of women in the legal profession and to promote the concerns of women lawyers within the Legal Profession. The Committee is currently working on co-opting more male members to ensure a balance in addressing gender issues.
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The Young Lawyers Committee
The Young Lawyers Committee was set up specifically to deal with matters relating to young lawyers. Its terms of reference empower it to act as a liaison between the Council of the Society of Kenya and the younger members who may not have another forum to raise their concerns. It is also intended to come up with solutions for the problems that plague the young lawyer including sexual harassment, poor terms of employment and the general social welfare.
The 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.
The Disciplinary Committee hears complaints relating to professional misconduct of advocates. Where a case of professional misconduct is made out against an advocate, the Disciplinary Committee may Order:
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That the advocate be admonished; or
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That the advocate be suspended form practice for a specified period not exceeding five years; or
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That the name of the advocate be struck off the Roll of Advocates; or
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That such advocate do pay a fine not exceeding one million shillings; or
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Such combinations of the above orders as the Disciplinary Committee thinks fit.
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The Ethics Committees
The Law Society of Kenya has set up Ethics Committees through out its branch network to promote alternative dispute resolution without necessarily resorting to the formal disciplinary process. Their mandate extends to small or other complaints which are inherently unsuitable for the formal disciplinary process. Significant gains have been made from this innovative approach to complaints and discipline, foremost among them being expeditious and convenient resolution of disputes between advocates and clients.
The Environmental Law Committee
This Environmental Law Committee is tasked with advising the Council of the Law Society of Kenya on all matters relating to the interplay between human activity, environment and the law. It is mandated to advise the Council on matters relating to Environmental law in Kenya. The Committee has been actively engaging the National Environmental Authority on possible collaboration with a view to enhancing the pubic interest in matters relating to the environment.
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The Continuing Legal Education Committee
The Law Society of Kenya introduced the requirement of Continuing Legal Education (CLE) for all Practising advocates in Kenya to keep them abreast with contemporary developments in the law. This ensures, in line with international best practices, that the public in Kenya receives the most competent legal services in a highly dynamic and rapidly globalizing world. The Committee on Continuing Legal Education oversees the running of the CLE Programme of the Law Society of Kenya. CLE is one of the most robust and engaging programmes of the Society. The Committee has so far organized multiple and highly successful CLE seminars. These touched on diverse areas of legal practice, emerging and contemporary legal problems as well as contemporary international best practices. |
