All the services offered by the ACC are free.

Any person or their authorized person can lodge a complaint of professional misconduct at the ACC against an advocate.

Professional misconduct is conduct which is disgraceful or dishonourable and incompatible with the status of an advocate. (Sec. 60(1) of the Advocates Act) It is also conduct that is in breach of the rules, standards and ethics of the profession (Rule 12 of the Code of Standards of Professional Practice and Ethical Conduct [SOPPEC])

• Withholding clients’ funds

• Failure to account for clients’ funds

• Overcharging/undercutting

• Failure to keep the client informed of the status of their case

• Failure to reply to correspondence or other communications from the Commission

• Issuing cheques which are subsequently dishonored 

• Failure to honor a professional undertaking

• Conflict of interest

• Failure to maintain a separate client’s account and evidence of co-mingling of funds or use of client’s funds to finance office, business or personal expenses 

• Failure to release file/documents especially where instructions have been withdrawn from the advocate and the necessary payments made.

One can attach any document that supports their case and documents that demonstrate that there was an advocate-client relationship in their case. The documents include: -

i. National ID, Passport or other Identification document

ii. Authorization letter where one is lodging a complaint on behalf of another.

iii. Instruction notes, 

iv. Proof of payment e.g receipts, MPESA statement, bank statement, cheques

v. Correspondence with advocate e.g letters, emails, messages e.t.c

vi. Police abstract 

vii. Doctor’s Report 

viii. Title documents, 

ix. Contractual agreements, 

x. Court documents e.g judgements, rulings, proceedings etc

The ACC is guided by a service charter which gives the timelines as follows: -

• File Opening - 7 days

• Preliminary Inquiry – 30 days

• Investigating a complaint – Continuous

• Facilitating In-House Alternative Dispute Resolution – Continuous

• Forwarding of Complaint to the DC – 90 days

• Prosecuting a complaint at the DC – Continuous

NOTE:

The periods indicated as continuous are not defined because third parties are involved. However, the ACC endeavours to ensure that the engagement with them is done within the shortest period.

Advocates fees are regulated by the Advocates Remuneration Order, a written fee agreement (Retainer) or by the court through taxation of a bill of costs.

Any documents/pleadings drawn and filed by the Advocate on your behalf and the Advocate's representation of the client in court can also be proof that there is an Advocate- Client relationship.

A Complaint can be dismissed/ rejected by the Commission If it: -

• Lacks substance or does not disclose professional misconduct;

• Doesn’t establish an Advocate- Client relationship;

• Is not related to an Advocate, Advocate’s firm or an Advocate’s employee;

• Lacks essential evidence to support the claim;

• Appears to the Commission that there is substance in the complaint but does not fall within the mandate of the ACC,

• The proper remedy for the complainant is to refer the matter to the courts for appropriate redress; 

Yes. A next of kin or someone else can continue following up if the complaint so long as they provide an authorization letter or a letter of Administration if the complainant is deceased.

The Commission’s IHADR sessions require the personal attendance of the complainant and the advocate. Both parties may be represented by advocates but their presence is mandatory. It is not a must for one to be represented.

The ACC represents complainants at the Disciplinary Committee/Tribunal. However, someone may find an advocate to represent them as a private prosecution matter.

The Disciplinary Committee/Tribunal is in charge of its diary and communicates to the parties when it issues a date.

One may apply for a review of the Judgement or sentence or appeal the decision to the High Court.

The Commission responds to inquiries from complainants regularly.

The Administrators of his or her Estate obtain Letters of Administration and continue pursuing the complaint against the advocate.

It amounts to professional misconduct and where there’s evidence of receipt of the letters by the advocate, he or she is charged.

The advocate may be: -

• Admonished

• Suspended for a specific period but not exceeding 5 years

• Struck off the Roll of Advocates

• Ordered to pay a fine not exceeding one million shillings

• Ordered to pay the aggrieved person compensation or reimbursement not exceeding five million shillings

• Ordered to refund to the complainant the amount he is found withholding

The complainant can apply to the High Court to have the judgment of the Disciplinary Committee/Tribunal be adopted as a decree of the High Court and executed against the advocate.

Write a letter addressed to:

The Secretary, 

Advocates Complaints Commission,

Office of the Attorney General & Department of Justice

Cooperative Bank House, 20th Floor

Haile Selassie Avenue

P. O. Box 48048 – 00100

NAIROBI

Ensure you capture your details as an advocate including your admission number, contact details (email and physical address) and forward the same to the ACC’s email acc@ag.go.ke You will receive the certificate within two (2) working days. At the moment, the clearance certificate is issued for free.