The Advocates Complaints Commission derives its mandate from the provisions of the Advocates Act, Chapter 16 of the Laws of Kenya. It is constituted “for the purpose of enquiring into complaints against any advocate, firm of advocates or any member or employee thereof.” The Advocates Complaints Commission was instituted following concerns over the Law Society of Kenya’s perceived inability to discipline its errant members.
The Commission has given a wide interpretation to its functions. It sees its primary duties as ensuring that advocates conduct themselves professionally and ethically. It also has the goal of seeing that standards of legal practice are improved. In practical terms the Commission is mainly responsible for and performs the following functions:-
- Investigation of complaints
- Reconciliation of parties
- Dismissal of complaints that do not disclose any offences
- Referral of complaints to the Disciplinary Committee; and
- Prosecution of disciplinary offences that are brought before the Disciplinary Committee.
The Advocates Complaints Commission has a staff complement of 25.
The vision of the commission is “to inspire a greater public confidence in the administration of justice through efficient and effective handling of complaints with sustained cooperation of the members of the legal profession.”
The Advocates Complaints Commission faces the following challenges:-
- Increase in the number of complaints which has led to increased workload and backlog.
- Shortage of professional staff to enable the Commission handle the increased amounts of work.
- The registry has not as yet been automated, thus leading to slow output.
- Inadequate office space and filing facilities.
- Lack of appropriate training of all cadres of staff on the unique functions of the Commission.
- Lack of prompt responses from advocates, insurance companies and others leading to delay in disposal of complaints.
Sheria House 5 th floor
PO BOX 48048 GPO
+254-(0)20 247 150 / 020 2225 206
Fax: +254-(0)20 315 317