- Any person aggrieved by the conduct of any advocate, firm of advocates, or any member or employee thereof.
- Any person authorized by law, for instance, an MP or an advocate, on behalf of the person aggrieved by the conduct of any advocate, firm of advocates, or any member or employee thereof.
- A close relative or friend authorized by the person aggrieved by the conduct of any advocate, firm of advocates, or any member or employee thereof in the event they are incapable to act on their own.
- Any advocate
- Firm of advocates
- Any member or employee of a firm of advocates
You can come to our offices based at Cooperative Bank House, 20th floor along Harambee Avenue, in person and present your complaint by filling our help form. (Please note that the Commissions help forms are also available at the administration offices in the Counties). You may also write to the Commission using our postal address; P.O. Box 48048 00100 Nairobi or email the Commission at the address email@example.com.
- Failure to account for clients monies
- Withholding money belonging to client
- Issuing cheques which are subsequently dishonoured
- Failure to honour professional undertaking
- Delay to prosecute or finalize clients matter
- Failure to reply to correspondence or communication from professional colleagues or the Commission
- Failure to comply with clients instructions or acting contrary to clients instructions
- Failure to release to the clients his/her documents where instructions have been withdrawn from the advocate
- Overcharging client
- Failure to attend court
- Acting in conflict of interest
- Demanding legal fees from a person who is not a client
- Any disgraceful/dishonorable conduct incompatible with the status of an advocate
- Cases relating purely to negligence of advocates in the discharge of their duties
- Complaints against Judicial Officers and State Counsel
The complainant is required to accompany his/her complaint with a copy of his/her national identification card or passport. Provide copies of all relevant documents or letters including receipts, particulars of partiesâ€™ involved, insurance claims, policy numbers and court cases.
The Commission embarks on the investigation process and where a complaint lacks substance, the same is rejected and complainant notified accordingly. On the other hand, if there is substance in a complaint and the same constitutes a disciplinary offence, it is referred to the Disciplinary Tribunal for further appropriate action.
Further the Commission has a mandate under section 53 (5) of the Advocates Act to endeavor to promote reconciliation, encourage and facilitate amicable settlement between the parties to the complaint where appropriate through the In-House Dispute Resolution mechanism.
The Commission usually refers such cases to institutions that have a proven track record to handle complaints of any given nature. No one is sent away without invaluable advice as to how to handle the problem or given an idea of who might be of better help.
The Commission does not charge for its services to the public.
The caller will be required to provide the following information;
- File reference number.
- His/her full names as indicated in the complaint.
- His/her national identity card/passport number as indicated in the complaint.
- The name of the advocate or firm of advocates complained against.
- Date when he/she lodged the complaint at the Commission.
- The name of the State Counsel handling the complaint. (Available in any correspondence written to the client by the Commission).
The conduct of an advocate in the carrying out of his or her professional duties.
Your advocate should;
- Act ethically and abide by the law.
- Not reveal anything you tell him or her in confidence exempt in a life threatening situation.
- Allow you to make a final decision on how your case will be handled.
- Exercise independent judgment on your behalf.
- Keep you updated on your matter.
To help avoid some problems or misunderstandings, as a client, you should;
- Make sure the advocate you are dealing with is licensed. Avoid falling victim to someone imposing as an advocate.
- Understand exactly what your advocate will be doing for you and what it will cost. An agreement of fees with the advocate should be put in writing. This will help you track your costs and avoid surprises.
- Be completely honest and provide all information related to your case. Make sure the advocate always has your current address and contact information.
- Supply your advocate with all documents related to your case and keep copies for your records.
- Ask the advocate to estimate how long your case will take however; be aware that some unexpected twists and turns in a case can delay the process.
- Ask your advocate to keep you updated on your case either in writing or through a telephone call or by email.
All advocates must be licensed to practice law in Kenya and have an admission number. Thus itâ€™s important to;
- Ask for his or her admission number then contact the Law Society of Kenya using the phone number 0720904983/020-3874664 or by visiting their offices located on Gitanga road for information on the membership of the advocate and any public record of discipline.
- Or visit the Law Society of Kenya website at lsk.co.ke and click on the Advocates Search Engine to check the status of the advocateâ€™s license and discipline information.
- If the advocate cannot be found in the Law Society of Kenya records and it turns out he or she is not licensed to practice law in Kenya then you should refer the matter to a law enforcement agency e.g. the Police or the Criminal Investigation Department. The Law Society of Kenya and the Advocatesâ€™ Complaints Commissionâ€™s authority over non-lawyers is limited by law.
- If your advocate is not licensed to practice law in Kenya, ask him or her to return your file and other documents to enable you hire a licensed advocate.
If for example, your landlord happens to be an advocate and he or she hasnâ€™t given you enough warning of a rent increase or an advocate has failed to pay his or her bill in a restaurant take note that the Commission does not get involved in such matters. To solve these problems, you need to exercise your rights as a tenant or as someone who is owed a debt.
What should I do if I have a problem with an advocate with respect to a case he or she is handling on my behalf?
Contact your advocate at the first sign of a problem;
- Express your concern to the advocate by calling. Keep a record of the date and time of your call.
- If your advocate does not return your call, send him or her a letter and keep a copy.
- Your next step would depend on the nature of the problem.
An advocate who wishes to obtain a clearance certificate from the Commission should:
- Make a request in writing to the Commission Chairperson.
- The request should contain the current workplace of the Advocate, Job history and P105 number.
Express your concern to the advocate and listen to his or her explanation. If you are not satisfied you can seek a second opinion from another advocate. You do have a right to change an advocate at any time but you should know that he or she will be entitled to fees for the work done.
First, talk to your advocate about it. The case may have been complicated or took more time than you realized or your advocate may have made a mistake.
This is a statement of account highlighting each of the services rendered by the advocate, when they were rendered and how much each service costs.
The court or the Commission assesses the advocateâ€™s bill of costs by examining the advocateâ€™s performance and supporting records then reach a decision regarding the fee dispute.
- To protect the client
- To protect the public
- To protect the reputation of the legal profession
- To protect the law
- To protect the judiciary