Act No: CAP. 16
Act Title: ADVOCATES
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE ADVOCATES (REMUNERATION) ORDER

ARRANGEMENT OF PARAGRAPHS

PART I – GENERAL MATTERS

1.

Citation
2.

Application of Order
3.

Scale of fees
4.

Additional remuneration for exceptional dispatch
5.

Special fee for exceptional importance and complexity
6.

Security from client for advocate’s remuneration
7.

Interest may be charged
8.

Costs payable by an executor, administrator or trustee
9.

Costs payable by infant, etc

10.

Taxing officer
11.

Objection to decision on taxation and appeal to Court of Appeal
12.

Reference by consent
13.

Taxation of cost as between advocate and client on application of either party
13A.

Powers of taxing officer
14.

Default of advocate to attend taxation after notice
15.

Taxation procedure contained in Part III to apply to bills under Part II
16.

Discretion of taxing officer
17.

Length of folio

PART II – NON-CONTENTIOUS MATTERS

18.

Remuneration of advocate in non-contentious matters
19.

Expenses chargeable in addition to remuneration
20.

Scale charges; what they include and exclude
21.

Scale fees: how calculated
22.

Liberty to advocate to elect Schedule 5; election to be communicated to client in writing
23.

Items to be charged for separately under appropriate Schedule
23A.

Choice of methods of completion of transaction; fee applicable
24.

Documents; by whom to be prepared
25.

Place of completion
26.

Definitions and application of Schedule 1
27.

Commission for negotiating sale or purchase
28.

Remuneration for conveyance on a sale by auction
29.

Charges where same advocate acting for both vendor and purchaser
30.

Commission for negotiating loan
31.

Costs of mortgage to be paid by borrower
32.

Building society mortgagee
33.

Charges where advocate is concerned for both mortgagor and mortgagee
34.

Charges where conveyance and mortgage are prepared by one advocate
35.

Charges where one document prepared and one approved by one advocate
36.

Charges where mortgage in favour of vendor and one advocate acts for both parties
37.

Where property is sold subject to incumbrances
38.

Charges for mortgage to advocate
39.

Charges for transfer of mortgage to advocate or subsequent work in relation to mortgage in which advocate is personally interested
40.

Scale: how reckoned on transfers of mortgages
41.

Charges for approving draft on behalf of several parties having different interests
42.

Application of Schedule 2
43.

Lessor’s and lessee’s costs
44.

Printed or stereotyped leases
45.

Charges where advocate is concerned for both lessor and lessee
46.

Where mortgagor joins in a conveyance
47.

Where third party joining in conveyance or lease is separately represented
48.

Where consideration for conveyance or lease consists partly of premium and partly of rent

PART III – TAXATION OF COSTS IN CONTENTIOUS AND OTHER MATTERS

49.

Application of Part III
49A.

Costs in criminal cases
50.

Costs in High Court according to Schedule 6
50A.

Schedule 6 costs on the higher scale
51.

Costs in subordinate courts according to Schedule 7
51A.

Costs in Tribunal under Cap. 301

51B.

Costs in Tribunal under Cap. 296

51C.

Costs in probate and administration cases
51D.

52.

Costs to be taxed as between party and party unless otherwise directed
53.

No advocate’s costs where suit brought without notice except on special order
54.

Costs on an opposed application
55.

Costs out of estate of minor, etc

56.

Court may fix costs or record consent order as to costs
57.

Registrar to record consent order as to costs
58.

Costs in High Court may be restricted to subordinate courts’ scale
59.

Costs of more than one advocate may be certified by the judge
60.

Judge may certify for costs of Queen’s Counsel and Junior Counsel
61.

Costs improperly incurred by advocate
62.

Costs where same advocate is employed by two or more plaintiffs or defendants
62A.

Costs where there has been a change of advocates
63.

Costs between party and party where joint executors or trustees defend separately may be restricted
64.

Appearance in Court or chambers of party not interested
65.

Limits of time for taxation
66.

Taxation of costs upon an award
67.

Receiver in insolvency to have notice of taxation
68.

Advocate of insolvent petitioner to give credit for deposit towards costs
68A.

Certificate of costs
68B.

Limitation of costs
69.

Manner of preparing bills for taxation
70.

Filing bills for taxation
71.

Bills not to be altered after being lodged
72.

Notice of taxation to be given by taxing officer
73.

No notice of taxation where party has not appeared
74.

Vouchers to be produced
74A.

Witness expenses
75.

Numbering of folios on documents charged by the folio
76.

Taxing officer may proceed ex parte and extend or limit time or adjourn
77.

Where more than one-sixth taxed off
78.

[Deleted by L.N. 73/1983, s. 13.]

79.

Instructions of judge as to costs

SCHEDULES

SCHEDULE 1 —

SCALE FEES
SCHEDULE 2 —

SCALE OF CHARGES FOR THE PREPARATION OF LEASES, AGREEMENTS, FOR LEASES AND TENANCY AGREEMENTS AT A RACK RENT
SCHEDULE 3 —

FORMATION, INCORPORATION AND REGISTRATION OF COMPANIES
SCHEDULE 4 —

TRADE MARKS
SCHEDULE 5 —

FEES IN RESPECT OF BUSINESS THE REMUNERATION FOR WHICH IS NOT OTHERWISE PRESCRIBED OR WHICH HAS BEEN THE SUBJECT OF AN ELECTION UNDER PARAGRAPH 22
SCHEDULE 6 —

COSTS OF PROCEEDINGS IN THE HIGH COURT
SCHEDULE 7 —

COSTS OF PROCEEDINGS IN SUBORDINATE COURTS
SCHEDULE 8 —

COSTS OF PROCEEDINGS IN TRIBUNAL UNDER THE LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT
SCHEDULE 9 —

COSTS OF PROCEEDINGS IN TRIBUNALS UNDER THE RENT RESTRICTION ACT OR ANY LEGISLATION AMENDING OR REPLACING THE SAME
SCHEDULE 10 —

PROBATE AND ADMINISTRATION
SCHEDULE 11 —

COSTS OF PROCEEDINGS BEFORE TRIBUNALS OTHER THAN THOSE UNDER SCHEDULES 8 AND 9 OF THIS ORDER EXCEPT WHERE OTHERWISE PRESCRIBED UNDER THE ACT SETTING UP THE TRIBUNAL
SCHEDULE 12 —

PATENTS, UTILITY MODELS AND INDUSTRIAL DESIGNS

THE ADVOCATES (FEES FOR RESTORATION TO THE ROLL) REGULATIONS
1.

These Regulations may be cited as the Advocates (Fees for Restoration to the Roll) Regulations.
2.

There shall be payable to the Registrar a fee of four hundred shillings to replace the name of an advocate on the Roll in pursuance of an order of the Chief Justice under section 71 of the Act.
THE ADVOCATES (ACCOUNTS) RULES
1.

These Rules may be cited as the Advocates (Accounts) Rules.
2.

In these Rules, except where the context otherwise requires—

"advocate" includes a firm of advocates;

"client" means any person on whose account an advocate holds or receives client’s money;

"client account" means a current or deposit account at a bank or with a building society or a financial institution (as defined in the Banking Act (Cap. 488)) in the name of the advocate but in the title of which either the word "client" or the word "trust" appears;

"client’s money" means money held or received by an advocate on account of a person for whom he is acting in relation to the holding or receipt of such money either as an advocate or, in connexion with his practice as an advocate as agent, bailee, trustee, stakeholder or in any other capacity, and includes—

(a)

money held or received by an advocate by way of deposit against fees to be earned or disbursements to be incurred; and
(b)

money held or received as or on account of a trustee, whether or not the advocate is sole trustee or trustee with others,

but does not include—

(i) money to which the only person entitled is the advocate himself, or in the case of a firm of advocates, one or more of the partners in the firm; nor
(ii) money held or received by an advocate in payment of or on account of an agreed fee in any matter;

"money" includes banknotes, currency notes, bank drafts, cheques and any other negotiable instruments;

"trustee" includes executor, administrator, manager in lunacy, trustee of a will or settlement, trustee in bankruptcy, receiver or liquidator.

[L.N. 111/1977.]
3.

An advocate may keep one client account or several client accounts as he thinks necessary.
4.

Subject to rule 8, an advocate shall without delay pay into a client account all client’s money held or received by him.
5.

There may be paid into a client account—

(a)

trust money;
(b)

such money belonging to the advocate as may be necessary for the purpose of maintaining the account;
(c)

money to replace any sum drawn from the account in contravention of these Rules; and
(d)

a cheque or draft received by the advocate which under rule 6 he is entitled to split but which he does not split.
6.
(1)

Where an advocate holds or receives a cheque or draft which includes client’s money—

(a)

he may where practicable split such cheque or draft and, if he does so, he shall deal with each part thereof as if he had received a separate cheque or draft in respect of that part; or
(b)

if he does not split the cheque or draft, he shall pay the cheque or draft into a client account.
(2)

Money which is not client’s money but which is paid into a client account other than under rule 5(b) shall be paid out as soon as reasonably possible.
7.

No money other than money which under these Rules an advocate is required or permitted to pay into a client account shall be paid into a client account.
8.

An advocate need not pay into a client account client’s money held or received by him which—

(a)

is received by him in the form of cash, and is without delay paid in cash in the ordinary course of business to the client or to a third party; or
(b)

he pays in, without delay, to the credit of a separate account opened or to be opened in the name of a client, trust or estate or of some person nominated by the client; or
(c)

is received by him in the form of a cheque or draft and is, without delay, endorsed over and delivered in the ordinary course of business to the client or to a third party for or on behalf of or to the use of the client and is not cashed or passed through a bank account by the advocate.
9.
(1)

Subject to rules 10 and 12, an advocate may withdraw from a client account—

(a)

money properly required for payment to the client;
(b)

money properly required for or towards a payment authorized by the client;
(c)

money properly required for or towards a payment on behalf of the client within the mandate of the advocate in the matter or any of the matters in which he is acting for or on behalf of the client;
(d)

money which he is transferring to a separate account opened or to be opened in the name of the client;
(e)

money properly required for or towards payment of a debt due to the advocate from the client or in reimbursement of money properly expended by the advocate for or on behalf of the client;
(f)

money properly required for or towards payment of the advocate’s costs where a bill of costs or other written intimation of the amount of the costs incurred has been delivered to the client;
(g)

money paid into the account in contravention of these Rules;
(h)

money paid into the account under rule 5(b); and
(i)

money not being client’s money paid into the account under rule 6(1)(b).
(2)

Every cheque drawn upon a client account shall bear on its face the words "client account" or "trust account".
10.

In no circumstances may an advocate withdraw from a client account any sum in excess of the amount held for the time being in such account for the credit of the client in respect of whom the drawing is proposed to be made.
11.

No money may be withdrawn from a client account under any of paragraphs (e), (f), (g), (h) or (i) of rule 9 except by a cheque drawn in favour of the advocate.
12.

No money may be withdrawn from a client account except as authorized by rule 9 or as specifically authorized in writing by the Council in pursuance of an application by the advocate.
13.
(1)

Every advocate shall at all times keep, properly written up, such books of account as may be necessary to show—

(a)

every receipt by him of client’s money, for each separate client; and
(b)

every payment or application by him of or from client’s money, for each separate client; and
(c)

the amount held by him for the time being in a client account, for each separate client; and
(d)

the moneys expended by him for, and the costs charged by him to, each separate client.
(2)

The books of account referred to in paragraph (1) shall include—

(a)

either—

(i)

a cash book in which to record every transaction involving client’s money or other money dealt with by the advocate through a client account, and a separate cash book in which to record every transaction involving the advocate’s own money and relating to the affairs of his clients; or
(ii)

a cash book ruled with two separate principal money columns on each side, one such column for recording every transaction involving client’s money or other money dealt with by the advocate through a client account and the other for recording every transaction involving the advocate’s own money and relating to the affairs of his clients; and
(b)

either—

(i)

a ledger in which to record every transaction involving client’s money or other money dealt with by the advocate through a client account, and a separate ledger in which to record every transaction involving the advocate’s own money and relating to the affairs of his clients; or
(ii)

a ledger ruled with two separate principal money columns on each side, one such column for recording every transaction involving client’s money or other money dealt with by the advocate through a client account and the other recording every transaction involving the advocate’s own money and relating to the affairs of his clients; and
(c)

a record showing particulars of all bills of costs delivered by the advocate to his clients, distinguishing between profit costs and disbursements.
(3)

A cash book or ledger required to be kept under this rule may be a loose-leaf book.
(4)

In this rule, "cash book" and "ledger" include such cards or other permanent records as are necessary for the operation of a mechanical system of book-keeping.
14.

Every advocate shall preserve for at least six years from the date of the last entry therein all books of account required to be kept by him under rule 13.
15.

Every advocate shall take reasonable precautions to ensure the safety of all books of account which he is required by rule 14 to preserve, and in the event of any such books being lost, destroyed or materially damaged, shall forthwith give notice thereof to the Council, together with a written report on the circumstances.
16.

The Advocates (Accounts) Regulations, 1952, are revoked.
THE ADVOCATES (PRACTICE) RULES
1.

These Rules may be cited as the Advocates (Practice) Rules.
2.

No advocate may directly or indirectly apply for or seek instructions for professional business, or do or permit in the carrying on of his practice any act or thing which can be reasonably regarded as touting or advertising or as calculated to attract business unfairly.
3.

No advocate may hold himself out of or allow himself to be held out directly or indirectly and whether or not by name as being prepared to do professional business at less than the scales laid down by the Advocates (Remuneration) Order for the time being in force.
4.

No advocate may agree to share with any person not being an advocate or other duly qualified legal Agent practising in another country his profit costs in respect of any business whether contentious or non-contentious:

Provided always that—

(i) an advocate carrying on practice on his own account may agree to pay an annuity or other sum out of profits to a retired partner or predecessor or the dependants or legal personal representative of a deceased partner or predecessor;
(ii) an advocate who has agreed in consideration of a salary to do the legal work of an employer who is not an advocate may agree with such employer to set off his profit costs received in respect of contentious business from the opponents of such employer or the costs paid to him as the advocate for employer by third parties in respect of non-contentious business against—
4A.

No advocate employed by an unqualified person shall draw documents or render other legal service to his employer for which fees are charged directly or indirectly by his employer to any other person and retained by that employer.

[L.N. 223/1984, s. 2.]
5.

(1) No advocate may join or act in association with any organization or person (not being a practising advocate) whose business or any part of whose business is to make, support or prosecute (whether by action or otherwise and whether by an advocate or agent or otherwise) claims as a result of death or personal injury, including claims under the Work Injury Benefits Act (Cap. 236), in such circumstances that such person or organization solicits or receives any payment, gift or benefit in respect of such claims, nor may an advocate act in respect of any such claim for any client introduced to him by such person or organization.
(2)

No advocate may with regard to any such claim knowingly act for any client introduced or referred to him by any person or organization whose connexion with such client arises from solicitation in respect of the cause of any such claim.
(3)

It is the duty of an advocate to make reasonable inquiry before accepting instructions in respect of any such claim for the purpose of ascertaining whether the acceptance of such instructions would involve a contravention of subrule (1) or (2).
6.

(1) An advocate may act for a client in a matter in which he knows or has reason to believe that another advocate is then acting for that client only with the consent of that other advocate.
(2)

An advocate may act for a client in a matter in which he knows or has reason to believe that another advocate was acting for that client, if either—

(a)

that other advocate has refused to act further; or
(b)

the client has withdrawn instructions from that other advocate upon proper notice to him.
7.

(1) Subject to specific agreement, an advocate who briefs, instructs or consults another advocate is personally responsible for the payment to such other advocate of his proper professional remuneration in respect thereof.
(2)

Subject to specific agreement, an advocate who consults, instructs or calls as a witness any architect, engineer, doctor, surgeon or other professional or technical person is personally responsible for the payment to that person of his proper remuneration in respect thereof.
8.

No advocate may appear as such before any court or tribunal in any matter in which he has reason to believe that he may be required as a witness to give evidence, whether verbally or by declaration or affidavit; and if, while appearing in any matter, it becomes apparent that he will be required as a witness to give evidence whether verbally or by declaration or affidavit, he shall not continue to appear:

Provided that this rule does not prevent an advocate from giving evidence whether verbally or by declaration or affidavit on formal or non-contentious matter of fact in any matter in which he acts or appears.
9.

(1) No advocate may coach or permit the coaching of any witness in the evidence he will or may give before any court, tribunal or arbitrator.
(2)

No advocate may call to give evidence before any court, tribunal or arbitrator a witness whom he knows to have been coached in the evidence he is to give without first informing the court, tribunal or arbitrator of the full circumstances.
10.

No advocate or firm of advocates shall, in connexion with the practice of the advocate or firm, cause or permit himself or firm name to be described otherwise than as "Advocate" or "Advocates", as the case may be, whether by means of printed headings on business notepaper or legal forms, or by means of printed insertions therein, or by writing or typescript or similar means on such notepaper or forms, or on any name-plate, or in any public advertisement, or in any other manner whatsoever:

Provided that—

(i) where an advocate, whether a member of a firm of advocates or not, holds the office of Notary Public or Commissioner for Oaths, he may add the words "Notary Public" or "Commissioners for Oaths", whichever is appropriate, to the description "Advocates", as the case may be;
(ii) where more than one member of a firm of advocates holds such office, the firm may add the words "Notaries Public" or "Commissioner for Oaths", whichever is appropriate, to the description "Advocates";
(iii) where an advocate, whether a member of a firm of advocates or not, possesses an academic distinction, or a professional qualification additional to that by virtue of which he was admitted as an advocate he may indicate, in the manner and style commonly adopted, that he possesses such distinction or qualification personally.
10A.

No advocate shall practise under any name other than his own name or the name of a past or present member or members of the firm.

[L.N. 223/1984, s. 2.]
11.

No advocate may request in a letter of demand before action payment from any person other than his client of any costs chargeable by him to his client in respect of such demand before action, or in respect of professional services connected with the demand.
12.

The Council of the Law Society of Kenya shall have power to waive in writing any of the provisions of these Rules in any particular case.
13.

Spent

THE ADVOCATES (ACCOUNTANT'S CERTIFICATE) RULES
1.

These Rules may be cited as the Advocates (Accountant’s Certificate) Rules and shall come into force on the 1st January.
2.

In these Rules—

“accountant’s certificate” means the certificate provided for by rule 3;

“advocate” means any person whose name is duly entered upon the roll of advocates but does not mean any person whose name is duly entered upon the roll of advocates having the rank of Queen’s Counsel;

“the Council” means the Council of the Law Society of Kenya;

“the secretary” means the Secretary of the Law Society of Kenya and includes any person appointed temporarily to perform the duties of the office;

the expressions “client”, “client account”, and “client money”, have the meanings assigned to them in the Advocates (Accounts) Rules.
3.

Subject to these Rules every advocate shall once in every practice year deliver to the Council a certificate signed by an accountant and complying with these Rules.
4.
(1)

An accountant is qualified to give an accountant’s certificate if—

(a)

he has neither been at any time during the accounting period, nor subsequently, before giving the certificate, become a partner, clerk or servant of such advocate or any partner of his; and
(b)

he is not subject to notice of disqualification under paragraph (2).
(2)

In either of the following cases, that is to say, where—

(a)

the accountant has been found guilty by the Disciplinary Tribunal of his professional body of professional misconduct or discreditable conduct; or
(b)

the Council is satisfied that an advocate has not complied with the provisions of the Advocates (Accounts) Rules in respect of matters not specified in an accountant’s certificate and that the accountant was negligent in giving such certificate,

the Council may at its discretion at any time notify the accountant concerned, that he is not qualified to give an accountant’s certificate, and it may give notice of that fact to any advocate on whose behalf he has given an accountant’s certificate, and after the accountant has been so notified, unless and until the notice is withdrawn by the Council, he is not qualified to give an accountant’s certificate. In coming to its decision the Council shall take into consideration any observations or explanations made by the accountant or by any professional body of which he is a member.
5.
(1)

With a view to the signing of an accountant’s certificate an accountant is not required to do more than—

(a)

make a general test examination of the books of account of the advocate;
(b)

ascertain whether a client account is kept;
(c)

make a general test examination of the bank pass books and statements kept in relation to the advocate’s practice;
(d)

make a comparison, as at not fewer than two dates selected by the accountant, between—

(i)

the liabilities of the advocate to his clients as shown by his books of account;
(ii)

the balance standing to the credit of the client account; and
(e)

ask for such information and explanations as he may require arising out of (a) to (d) above.
(2)

If after making the investigation prescribed by paragraph (1), it appears to the accountant that there is evidence that the Advocates (Accounts) Rules have not been complied with, he shall make such further investigations as may be necessary to enable him to sign the accountant’s certificate.
6.

An accountant’s certificate delivered by an advocate shall be in the form set out in the Schedule or in a form to the like effect approved by the Council.
7.

The Council will in each practice year be satisfied that the delivery of an accountant’s certificate is unnecessary, and shall not require evidence of that fact, in the case of an advocate who—

(a)

holds his first current practising certificate; or
(b)

after having for twelve months or more ceased to hold a current practising certificate, holds his next current practising certificate; or
(c)

delivers to the Council a statutory declaration stating that the Advocates (Accounts) Rules did not apply to him because he had not, during the period to which the declaration refers, practised on his own account either alone or in partnership or held or received client’s money; or
(d)

has ceased to hold a current practising certificate and, if he has at any time after the 31st December 1967 held or received client’s money, has delivered an accountant’s certificate covering an accounting period ending on the date upon which he ceased to hold or receive client’s money; or
(e)

has at no time since the 31st December 1967, held a current practising certificate or held or received client’s money.
7A.

A statutory declaration delivered under rule 7 by an Advocate in the employment of an unqualified person or body shall state whether such advocate has complied with rule 4A of the Advocates (Practice) Rules.

[L.N. 224/1984.]
8.

Subject to rules 9, 10 and 11 the accounting period specified in an accountant’s certificate shall—

(a)

begin at the expiry of the last preceding accounting period for which an accountant’s certificate has been delivered;
(b)

cover not less than twelve months;
(c)

terminate not more than nine months before the date of the delivery of the certificate to the Council; and
(d)

where possible, consistently with paragraphs (a), (b) and (c) correspond to a period or consecutive periods for which the accounts of the advocate or his firm are ordinarily made up.

[L.N. 287/1968.]
9.

The accounting period specified in an accountant’s certificate delivered during the practice year beginning on the 1st January 1968 shall begin on—

(a)

the date to which the advocate’s books were last made up before the 1st January 1968; or
(b)

if the books were not made up during the practice year beginning on the 1st January 1967, either on the 1st January 1967 or on the day upon which the advocate first began or began again to hold or receive client’s money, whichever be the later; or
(c)

in the case of an advocate retiring from practice who has ceased to hold or receive client’s money after the 1st January 1967, the period up to the date upon which he so ceased.
10.

In any practice year beginning on or after the 1st January, 1969—

(a)

in the case of an advocate who -

(i) becomes under an obligation to deliver his first accountant's crtificate; or
(ii) having been exempt under rule 7 from delivering an accountant’s certificate in the previous practice year, becomes under an obligation to deliver an accountant’s certificate,

the accounting period shall begin on the date upon which he first held or received client’s money or, after such exemption, began again to hold or receive client’s money, and may cover less than twelve months, and shall in all other respects comply with rule 8; and
(b)

in the case of an advocate retiring from practice who, having ceased to hold or receive client’s money, is under an obligation to deliver his final accountant’s certificate, the accounting period shall end on the date upon which he ceased to hold or receive client’s money, and may cover less than twelve months, and shall in all other respects comply with rule 8.
11.
(1)

In any practice year beginning on or after the 1st January 1969, in the case of an advocate who—

(a)

was not exempt under rule 7 from delivering an accountant’s certificate in the preceding practice year; and
(b)

since the expiry of the accounting period covered by such accountant’s certificate has become, or ceased to be, a member of a firm of advocates,

the accounting period may cover less than twelve months and shall in all other respects comply with rule 8.
(2)

In the case of an advocate who has two or more places of business—

(a)

separate accounting periods, covered by separate accountant’s certificates, may be adopted in respect of each such place of business provided that the accounting periods comply with rule 8; and
(b)

the accountant’s certificate or accountant’s certificates delivered by him to the Council in each practice year shall cover all client’s money held or received by him.
12.

If any advocate fails to comply with these Rules a complaint in respect of such failure may be made by or on behalf of the Council to the Disciplinary Committee.
13.

On receipt either of an accountant’s certificate or of a declaration under rule 7(3) the Secretary will forward to the advocate a certificate under his hand stating that an accountant’s certificate for a specified period has been received or that no accountant’s certificate is required for a specified period, as the case may be.
14.

A certificate under the hand of the Secretary is, until the contrary is proved, evidence that an advocate has or has not, as the case may be, delivered to the Council an accountant’s certificate or supplied any evidence required under these Rules.
15.

Every notice to be given by the Council under these Rules to an advocate shall be in writing under the hand of the Secretary and sent by registered post to the last address of the advocate appearing in the roll of advocates kept by the Registrar under section 20 of the Act and when so given and sent, is taken to have been received by the advocate within seven days after the date of posting.
16.

Every notice given by the Council under these Rules to an accountant shall be in writing under the hand of the Secretary and sent by registered post to the address of the accountant shown on an accountant’s certificate or appearing in the records of the accountancy body of which the accountant is a member, and where so given and sent, is taken to have been received by the accountant within seven days after the date of posting.

Schedule

[r. 6]

FORM OF ACCOUNTANT’S CERTIFICATE

Note.—In the case of a firm with a number of partners, carbon copies of the Certificate may be delivered provided section 1 below is completed on each Certificate with the name of the individual advocate.

1.

Advocate’s full name ............................................
2.

Firm(s) Name(s) and Address(es) ......................

Note.— All addresses at which the advocate(s) practice(s) must be covered by an Accountant’s Certificate or Certificates.
3.

State whether practising alone or in partnership ...................
4.

Accounting Period(s) ...............................................

Note.—The period(s) must comply with the Advocates (Accountant’s Certificate) Rules, 1967.
ACCOUNTANT’S CERTIFICATE

In compliance with the Advocates (Accountant’s Certificates) Rules, 1967.

I, ............................... have examined the books, accounts and documents of the above-named advocate relating to the above practice(s) produced to me and I hereby certify that from my examination pursuant to rule 5 of the Advocates (Accountant’s Certificate) Rules, 1967, and from explanations and information given to me, I am satisfied that—

*(1) during the above-mentioned period(s) he has complied with the provisions of the Advocates (Accounts) Rules except so far as concerns—

(a)

certain trivial breaches due to clerical errors or mistakes in book-keeping, all of which were rectified on discovery: I am satisfied that none of such breaches resulted in any loss to any client;
(b)

the matters set out on the back hereof;

*(2) having retired from active practice as an advocate he ceased to hold client’s money on theParticulars of the AccountantFull nameQualifications (if any)Firm nameAddressSignatureDate

* Delete clause not applicable.

To

the Secretary

The Law Society of Kenya,

P.O. Box 12219,

Professional Center,

Nairobi.

THE ADVOCATES (DEPOSIT INTEREST) RULES
1.

These Rules may be cited as the Advocates (Deposit Interest) Rules.
2.

Except as provided by these Rules an advocate is not liable by virtue of the relation between advocate and client to account to any client for interest received by the advocate on moneys deposited in a client account being moneys received or held for or on account of his clients generally.

[L.N. 112/1977.]
3.

When an advocate holds or receives for or on account of a client money on which, having regard to all the circumstances (including the amount and the length of time for which the money is likely to be held), interest ought in fairness to the client to be earned for him, the advocate shall take instructions from the client concerning the investment of that money.
4.

An advocate is liable to account to a client for interest received on moneys deposited in a client account where the moneys are deposited in a separate designated account.

[L.N. 112/1977.]
5.

In these Rules “Separate designated account” means a deposit account in the name of the advocate or his firm in the title of which the word “client” appears and which is designated by reference to the identity of the client or matter concerned.

[L.N. 112/1977.]
THE ADVOCATES (PRACTISING CERTIFICATES) (FEES) RULES
1.

These rules may be cited as the Advocates (Practising Certificates) (Fees) Rules.
2.
(1)

The fees for a practising certificate issued to an advocate under section 26 of the Act shall be—

(a)

the sum of three thousand shillings in respect of advocates who have been on the Roll of Advocates for five years or more; and
(b)

the sum of three thousand shillings in respect of advocates who have not been on the Roll of Advocates for five years;
(2)

The fees for a practising certificate shall be paid to the Society in accordance with the provisions of section 84 of the Act.
(3)

Spent

THE ADVOCATES (COMPLAINTS COMMISSION) (STRUCTURE AND PROCEDURE) RULES

ARRANGEMENT OF RULES

1.

Citation
2.

Application
3.

Designation of Chairman
4.

Meetings
5.

Special meeting
6.

Chairman to preside
7.

Quorum
8.

Voting
9.

Disclosure of interest
10.

Commissions may determine own procedure

THE ADVOCATES (COMPLAINTS COMMISSION) (STRUCTURE AND PROCEDURE) RULES
1.
Citation

These Rules may be cited as the Advocates (Complaints Commission) (Structure and Procedure) Rules.
2.
Application

The provisions of these Rules shall apply where two or more Commissioners are appointed to the Commission under section 53(2) of the Act.
3.
Designation of Chairman

Where two or more Commissioners are appointed to the Commission, the Attorney- General may, by notice in the Gazette, designate one Commissioner to be the chairman of the Commission.
4.
Meetings

Subject to rule 5, the Commission shall have at least four meetings in each calendar year.
5.
Special meeting

Notwithstanding rule 4, the Secretary to the Commission may, at any time, and shall, within fourteen days of the receipt of a written request signed by at least two Commissioners, convene a special meeting of the Commission.
6.
Chairman to preside

The Chairman shall preside at every meeting of the Commission at which present, and, in the absence of the Chairman at any meeting, the Commissioners present shall elect one of their number who shall, with respect to that meeting and the business transacted thereat, have all the powers of the Chairman.
7.
Quorum

The quorum for a meeting of the Commission shall be two Commissioners.
8.
Voting

A decision on any matter before the Commission shall be by a majority of the votes of the members present and voting, and, in the case of an equality of votes, the Chairman or the person presiding shall have a casting vote.
9.
Disclosure of interest
(1)

If a Commissioner is directly or indirectly interested in any matter before the Commission, and is present at a meeting of the Commission at which the matter is the subject of consideration, such Commissioner shall, at the meeting and as soon as reasonably practicable after the commencement thereof, disclose that fact, and shall not take part in the consideration or discussion of, or vote on, any questions with respect to that matter, or be counted in the quorum of the meeting during consideration of the matter.
(2)

A disclosure of interest made under this paragraph shall be recorded in the minutes at which it is made.
10.
Commissions may determine own procedure

Subject to these Rules, the Commission may determine its own procedure, including the procedure for the attendance of other persons at its meetings, and may make standing orders in the respect thereof.
THE ADVOCATES (PROFESSIONAL INDEMNITY) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation
2.

Professional indemnity cover
3.

Purpose
4.

Practising certificate conditional upon compliance
5.

Agreements

THE ADVOCATES (PROFESSIONAL INDEMNITY) REGULATIONS
1.
Citation

These Regulations may be cited as the Advocates (Professional Indemnity) Regulations.
2.
Professional indemnity cover
(1)

Every advocate practising on his own behalf shall purchase a policy of insurance(in these Regulations referred to as "the professional indemnity cover") the value of which shall be not less than one million shillings.
(2)

In the case of those practising in partnership, such professional indemnity cover shall be purchased in common by the partners:

Provided that the minimum value thereof shall be one million shillings.
3.
Purpose

The professional indemnity cover shall be used in the compensation of clients for loss or damage from claims in respect of any civil liability or breach of trust by the advocate or his employees.
4.
Practising certificate conditional upon compliance

No practising certificate shall be issued to an advocate to whom these regulations apply, unless the requirements in paragraph (2) are complied with.
5.
Agreements

Nothing in these Regulations shall be taken to preclude any agreement between an advocate or a firm of advocates and a client in respect of any insurance cover as may be deemed appropriate.
THE ADVOCATES (SENIOR COUNSEL CONFERMENT AND PRIVILEGES) RULES

ARRANGEMENT OF RULES

1.

Citation
2.

Interpretation

PART II – THE COMMITTEE ON SENIOR COUNSEL

3.

Composition of Committee
4.

Functions of the Committee

PART III – APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL

5.

Notice inviting applications
6.

Application
7.

Criteria for conferment
8.

List of applicants
9.

[Deleted by L.N. 36/2012, r. 7.]

10.

Consideration of application
11.

Time period for considering applications
12.

Letters of conferment
13.

Signing the Roll of Senior Counsel
14.

Restrictions on the use of title of Senior Counsel
15.

Removal from Roll of Senior Counsel
16.

Procedures of the Committee
17.

Secretariat

PART IV – PRIVILEGES OF SENIOR COUNSEL

18.

Use of designation of Senior Counsel
19.

Duties, powers and privileges of Senior Counsel
20.

Transition

THE ADVOCATES (SENIOR COUNSEL CONFERMENT AND PRIVILEGES) RULES
1.
Citation

These Rules may be cited as the Advocates (Senior Counsel Conferment and Privileges) Rules.
2.
Interpretation

In these Rules, unless the context otherwise requires—

"Council" means the Council of the Law Society of Kenya constituted under section 13 of the Law Society of Kenya Act (Cap. 18);

"Committee" means the Committee on Senior Counsel constituted under rule 3;

"Secretary" means the Secretary of the Society appointed under section 17 of the Law Society of Kenya Act;

"Senior Counsel" has the meaning assigned to it under the Act;

"Society" means the Law Society of Kenya established under section 3 of the Law Society of Kenya Act.

[L.N. 36/2012, r. 2.]
PART II – THE COMMITTEE ON SENIOR COUNSEL
3.
Composition of Committee
(1)

The Committee on Senior Counsel referred to under section 17(3) of the Act shall consist of —

(a)

a Judge of the Supreme Court nominated by the Chief Justice;
(b)

a Judge of the Court of Appeal nominated by the Judges of the Court of Appeal;
(c)

a Judge of the High Court nominated by the Kenya Magistrates and Judges Association;
(d)

the Attorney General;
(e)

the chairperson of the Society;
(f)

three Senior Counsel nominated at a meeting of Senior Counsel; and
(g)

two Advocates not being senior counsel who shall have at least ten years experience in practice, elected by the Society.
(2)

Deleted by L.N. 36/2012, r. 3(2)(b).

(3)

Notwithstanding paragraph (2), where the first Committee under these Rules is constituted before the Society holds its elections, the Council shall nominate persons under paragraph (1)(f) and (g) to the Committee.
(4)

The persons nominated under paragraph (1)(a), (b), (c), (f) and (g) shall serve for a non-renewable term of two years and upon expiry, the nominating body shall nominate a different person to serve in the Committee.

[L.N. 36/2012, r. 3.]
4.
Functions of the Committee

The Committee on Senior Counsel shall—

(a)

consider the applications submitted to it under rule 6(1);
(b)

make recommendations to the President for the conferment on a person of the rank of Senior Counsel; and
(c)

consider any application for the removal of a person from the Roll of Senior Counsel and make recommendations to the President.
PART III – APPLICATION FOR CONFERMENT OF RANK OF SENIOR COUNSEL
5.
Notice inviting applications

The Committee shall, at least thirty days before the thirty-first day of March in each year or on such date as the Committee shall determine, send to the members of the Society, a notice inviting applications from persons who qualify for conferment of the rank of Senior Counsel.

[L.N. 36/2012, r. 4.]
6.
Application
(1)

A person who meets the criteria for conferment of the rank of Senior Counsel under rule 7 may submit an application to the Committee in accordance with this rule.
(2)

An application under paragraph (1) shall be submitted to the Secretary on or before the thirty-first day of March or on such date as the Committee shall stipulate.
(3)

An applicant under paragraph (1) shall submit, together with his application, such information or evidence necessary to ascertain that he meets the criteria specified under rule 7.
7.
Criteria for conferment

A person qualifies for conferment of the rank of Senior Counsel if that person—

(a)

meets the requirements specified under section 17(2) of the Act;
(b)

is an active legal practitioner and undertakes training of other members in the legal profession;
(c)

holds a valid practicing certificate or is entitled to act as an advocate under section 10 of the Act, at the time of making the application;
(d)

has not been found guilty of professional misconduct by the Disciplinary Committee established under the Act;
(e)

possesses sound knowledge of law and professional competence;
(f)

has argued a substantive matter before a superior, regional or international court;
(g)

is a person of integrity, irreproachable professional conduct and good character;
(h)

has actively served the Society or other regional or international bar association to which the Society is a member or has undertaken community service; and
(i)

has contributed to the development of the legal profession through scholarly writings and presentations.

[L.N. 36/2012, r. 5.]
8.
List of applicants

The Committee shall publish in the minutes of the Society, in at least one newspaper of nationwide circulation and in the electronic media, a list of persons who have submitted an application under rule 6(1).

[L.N. 36/2012, r. 6.]
9.
[Deleted by L.N. 36/2012, r. 7.]
10.
Consideration of application
(1)

The Committee shall, subject to rule 11, consider the applications submitted under rule 6 and any comments or objections submitted under rule 9 and may request for such additional information from the applicant or from any other person, which it considers necessary for the determination of an application under these Rules.
(2)

In considering and making a recommendation for conferment of rank of Senior Counsel on an applicant, the Committee shall not be influenced by the age, tribe, gender, race, political belief or association of the applicant or any other factor constituting discrimination within the meaning of the Constitution.

[L.N. 36/2012, r. 8.]
11.
Time period for considering applications
(1)

The Committee shall consider the applications submitted within six months from the date of the deadline for receiving applications under rule 6(2).
(2)

The Committee shall, upon consideration of the applications under paragraph (1), communicate its decision to the applicants in writing and submit copies of its decision to the council.
(3)

A person whose application is declined may reapply for conferment of the rank of Senior Counsel for consideration by the Committee in accordance with these Rules.
(4)

Deleted by LN 36 of 2012, r. 9.

(5)

Deleted by LN 36 of 2012, r. 9.

[LN 36 of 2012, r. 9.]
12.
Letters of conferment
(1)

The Committee shall submit a list of the names of the persons it recommends for conferment of the rank of Senior Counsel to the Chief Justice within a period of thirty days from the date of its decision.
(2)

The Chief Justice shall, on receipt of the list of names submitted to him under paragraph (1), submit the names to the President.
(3)

The President shall, upon receipt of the names submitted to him under paragraph (2), grant a letter of conferment to each person whose name is contained in the list.

[LN 36 of 2012, r. 10.]
13.
Signing the Roll of Senior Counsel

A person upon whom the rank of Senior Counsel conferred under rule 12 shall sign the Roll of Senior Counsel in accordance with section 18 (3) of the Act.
14.
Restrictions on the use of title of Senior Counsel
(1)

A person shall not use the designation "Senior Counsel" or the abbreviation "SC" purporting to be a Senior Counsel under the Act unless the rank of Senior Counsel has been conferred on him in accordance with these Rules.
(2)

A person who contravenes the provisions of paragraph (1) commits professional misconduct.
15.
Removal from Roll of Senior Counsel
(1)

The Committee may, either on its own motion or on the application of a member of the Society, remove the name of a person from the Roll of Senior Counsel if the person ceases to meet the qualifications prescribed under rule 7.
(2)

A member of the Society who applies for the removal of a person from the Roll of Senior Counsel under paragraph (1) shall submit a written petition to the Committee and submit a copy of the petition to the Council.
(3)

The Committee shall inform the Senior Counsel of its intention or, of receipt of an application, to remove his name from the Roll of Senior Counsel.
(4)

The Committee shall conduct an inquiry on the removal of the Senior Counsel and shall give the Counsel an opportunity to be heard on the petition.
(5)

The Committee shall, where it determines that the name of the Senior Counsel should be removed from the Roll of Senior Counsel, submit its decision to the Chief Justice and the Senior Counsel and give reasons for its decision.
(6)

The Chief Justice shall transmit the decision of the Committee to the President and the President shall revoke the grant of conferment of the rank of Senior Counsel.
(7)

The Chief Justice shall cause to be removed from the Roll of Senior Counsel, the name of the Senior Counsel and cause to be published in the Gazette, a notice revoking the conferment of the Rank of Senior Counsel.
(8)

The Committee shall determine its own rules and procedures for holding an inquiry under this rule.
16.
Procedures of the Committee

The Committee shall regulate its own procedures for meetings held under these Rules.
17.
Secretariat

The secretariat of the Society shall facilitate the conduct of the affairs of the Committee.
PART IV – PRIVILEGES OF SENIOR COUNSEL
18.
Use of designation of Senior Counsel
(1)

Subject to paragraph (3), a person upon whom the rank of Senior Counsel is conferred may use the designation of "Senior Counsel" or abbreviation of "SC".
(2)

Deleted by LN 36 of 2012, r. 11.

(3)

A person whose name is struck off the roll of Senior Counsel or whose practicing certificate has been cancelled or suspended shall cease to hold the title of Senior Counsel and shall not use the designation of Senior Counsel.

[LN 36 of 2012, r. 11, LN 147 of 2014, r. 2.]
19.
Duties, powers and privileges of Senior Counsel

A person upon whom the rank of Senior Counsel is conferred shall enjoy the following privileges:

(a)

precedence in having his matters mentioned when appearing in Court or in a Tribunal.
(b)

when appearing robed in Court or in a Tribunal of wearing the gown and court sleeved waistcoat as worn by a judge of the Court of Appeal.
(c)

the exclusive right to sit within the Bar in all Courts in which there is a Bar separating the area for Senior Counsel from the general area of the Court. In all other courts to sit on the front bench.
(d)

such other privileges as the Council may consider appropriate.

[LN 36 of 2012, r. 3.]
20.
Transition

A person who has been conferred the title of Senior Counsel before the commencement of these Rules shall be deemed to be Senior Counsel under these Rules.

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