CHAPTER 16 - Advocates Act

Commencement: Section 32–1st January, 2000.

Rest: 15th December, 1989

An Act of Parliament to amend and consolidate the law relating to advocates 

Arrangement of Sections
Part I - PRELIMINARY
1 Short Title.
2 Interpretation.
Part II - The Council of Legal Education
3 Repealed by a 12/95 S.21
4 Repealed by A12/95 S.21
5 Repealed by A12/95 S.21
6 Repealed by A12/95 S.21
7 Repealed by A12/95 S.21
8 Repealed by A12/95 S.21
9 Qualifications for Practising as Advocate.
10 Certain Officers Entitled to Act as Advocates
11 Foreign Advocates.
Part IV - ADMISSION AS ADVOCATE
12 Qualification for Admission as Advocate.
13 Professional and Academic Qualifications.
14 Attorney-general may Take Pupils.
15 Admission as an Advocate.
16 Custody of Roll.
Part V - SENIOR COUNSEL
17 Senior Counsel.
18 Roll of Senior Counsel.
19 Application of Part Xi.
Part VI - PRECEDENCE
20 Precedence.
Part VII - PRACTISING CERTIFICATE
21 Registrar to Issue Practising Certificates.
22 Application for and Issue of Practising Certificate.
23 Issue of Practising Certificate to Confer Membership of Society.
24 Date and Validity of Practising Certificate.
25 Discretion of Registrar to Issue Practising Certificate in Special Cases.
26 Appeals in Connection with Issue of Practising Certificate.
27 Suspension of Practising Certificate in Certain Circumstances,
28 Duration of Suspension of Practising Certificate.
29 Publication of Suspension or Termination of Suspension of Practising Certificate in Certain Cases.
30 Evidence as to Holding of Practising Certificate.
30A Repealed by A9/2000
30B Repealed by A9/2000
30C Repealed by A9/2000
Part VIII - PROVISIONS WITH RESPECT TO UNQUALIFIED PERSONS ACTING AS ADVOCATES AND OFFENCES BY ADVOCATES
31 Unqualified Person Not to Act as Advocate.
32 Qualification for Practice on Own Behalf.
33 Penalty for Pretending to Be Advocate.
34 Unqualified Person Not to Prepare Certain Documents or Instruments.
35 Instruments to Be Endorsed with Name and Address of Drawer.
36 Undercutting.
37 Sharing Profits.
38 Touts.
39 Advocate Not to Act as Agent for Unqualified Person.
40 No Costs Recoverable Where Unqualified Person Acts as Advocate.
41 Employment by Advocate of Persons Struck off the Roll or Suspended.
42 Penalty for Failure to Disclose Fact of Having Been Struck off ,etc.
43 Offences by Bodies Corporate.
Part IX - REMUNERATION OF ADVOCATES
44 Chief Justice may Make Orders Prescribing Remuneration.
45 Agreements with Respect to Remuneration.
46 Invalid Agreements.
47 Power of Courts to Order Advocate to Deliver His Bill and to Deliver Up Deed.
48 Action for Recovery of Costs.
49 Procedure in Action Where Quantum of Costs is Challenged by Defence.
50 Taxation on Application of Third Parties, Beneficiaries Under Trust, Etc.
51 General Provisions as to Taxation.
52 Charging Orders.
Part X - COMPLAINTS COMMISSION
53 Establishment of Complaints Commission.
53A Remuneration of Commissioner.
54 Secretary and Staff of the Commission and Rules Relating Thereto.
Part XI - DISCIPLINE
55 Advocates to Be Officers of Court.
56 Savings of Disciplinary Powers of Court.
57 Establishment of Disciplinary Committee.
58 Proceedings of Committee.
58A Establishment of Regional Disciplinary Committees.
59 Application for Removal of Name from the Roll.
60 Complaints Against Advocates.
60A Hearing of Complaints.
61 Reports by Committee and Action Thereon.
62 Appeal Against Order of Committee.
63 Registrar to Furnish Copy of the Report and Record.
64 Powers of Court.
65 Powers of Court Under Section 63 to Be Exercised by Two Judges.
66 Registrar to Draw Up Orders.
67 Right of Appeal to Court of Appeal.
68 Orders to Be Noted on the Roll.
69 Law Society to Be Informed of Result of Disciplinary Proceedings and Publicity of Striking-off or Suspension.
70 Limitation of Time for Certain Applications to Strike Names off Roll.
71 Registration to Roll.
72 Disciplinary Powers as to Clerks.
73 Clerk's Right of Appeal.
74 Offences and Penalties with Respect to Employment of Clerks Against Whom an Order is in Force.
75 Order of Committee to Be Received in Evidence.
76 Authentication of Rules and Documents.
77 Penalties for Failure to Comply with Order of Committee.
78 Immunity for Members of Committee.
79 Right to Legal Representation.
80 Betrayal of Trust
Part XII - MISCELLANEOUS PROVISIONS
81 Power to Make Rules.
82 Relief to Banks.
83 Saving of Other Laws.
84 Application of Certain Fees, Etc.
85 General Penalty.
86 Repeal of Cap. 16 and Savings.
Schedules
SCHEDULE 
Subsidiary legislation
The Advocate (admission) Regulations
The Advocates (fees for Restoration to the Roll) Regulations
The Advocates (degree Qualification) Regulations
Advocates (disciplinary Committee) Rules
Advocates (accounts) Rules
Advocates (practice) Rules
The Advocates (deposit Interest) Rules
The Advocates (accountants Certificate) Rules
The Advocates (practising Certificates) (fees) Rules
The Advocates (continuing Legal Education) Regulations, 2004
The Advocates (professional Indemnity) Regulations, 2004
The Advocates (practising Certificates) (fees) Rules, 2003
The Advocates (complaints Commission) (structure and Procedure) Rules, 2003
The Advocates (remuneration) Order, 2009
Kenya Anti-corruption - Employment of Legal Officer

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