- Is the Law Society of Kenya a trade union?
- Can I sue my advocate?
- How do I file a complaint against an advocate?
- What is the Advocates Complaints Commission?
- What is the Disciplinary Committee?
- What are the powers of the Advocates Disciplinary Committee?
- What are the powers of the Advocates Complaints Commission?
- What is the relationship between the Advocates Complaints Commission and the Disciplinary Committee?
- Can I expect fairness when I lodge a complaint against an advocate?
Is the Law Society of Kenya a trade union?
No. The Law Society of Kenya is not a trade union. It nonetheless has the mandate to represent, protect and assist members of the legal profession in Kenya in respect of conditions of practice. In this regard, as the premier association of legal professionals, the Law Society may represent, protect and assist its members in tackling problems associated with their practice, conditions of employment and incidental matters.
Can I sue my advocate?
Yes. 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 Committee.
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How do I file a complaint against an advocate?
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 Committee if it is of a serious nature or if it involves professional misconduct on the part of the advocate.
What is the 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 enquiring 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.
The Commission is obliged by law to receive and consider a complaint made by any person, regarding the conduct of any advocate, firm of advocates, or any member or employee thereof.
If it appears to the Commission whether before or after instruction that there is substance in a complaint but that the matter complained of constitutes or appears to constitute a disciplinary offence, the Commission refers the matter to the Disciplinary Committee for appropriate action. In practice, the Complaints Commission prosecutes such matters before the Disciplinary Committee.
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What is 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.
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 Committee by any person. The Complaint is made by affidavit by the complainant setting out the allegations of professional misconduct.
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What are the powers of the Advocates Disciplinary Committee?
Where a case of professional misconduct on the part of an advocate has been made out, the Disciplinary Committee may order -
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that such advocate be admonished; or
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that such advocate be suspended from practice for a specified period not exceeding five years; or
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that the name of such 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 such combination of the above orders as the Committee thinks fit.
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that such advocate pays to the aggrieved person compensation or reimbursement not exceeding five million shillings.
What are the powers of the Advocates Complaints Commission?
If the Commission considers that a complainant has suffered loss or damage by reason of an advocate's conduct, the Commission may, by order, award such complainant compensation or reimbursement not exceeding one hundred thousand shillings. The Order, once registered with the court, is enforceable in the same manner as an order of the Court.
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What is the relationship between the Advocates Complaints Commission and the Disciplinary Committee?
Though both of them deal with complaints against advocates, the Disciplinary Committee deals with more serious cases, particularly those that disclose professional misconduct. In practice, complaints are addressed to the Advocates Complaints Commission in the first instance and dealt with at that level. Where such complaints disclose a disciplinary offence, the Commission forwards the matter to the Disciplinary Committee. The Complaints Commission prosecutes complaints before the Disciplinary Committee. It is nonetheless possible for a complainant to directly refer a matter to the Disciplinary Committee.
Can I expect fairness when I lodge a complaint against an advocate?
Yes. Both the Advocates Complaints Commission and the Disciplinary Committee are judicial bodies. As such, they operate under the principles of impartiality, fairness, natural justice and the rule of law.
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