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	The legal profession in Kenya is governed by strict ethical standards to ensure advocates uphold integrity, professionalism, and accountability in their practice. When an advocate breaches these standards (whether through professional misconduct, negligence, or unethical behavior) clients or affected parties have the right to seek redress. In Kenya, the primary bodies responsible for addressing complaints against advocates are the Advocates Complaints Commission (ACC) and the Law Society of Kenya (LSK), with cases potentially escalating to the Advocates Disciplinary Tribunal (ADT). This article provides a comprehensive guide on how to file a complaint against an advocate in Kenya, detailing the roles of these institutions, the step-by-step process, and key considerations to ensure a smooth and effective complaint process.
<h3 dir="ltr">Understanding Advocate Misconduct</h3>
Advocate misconduct refers to actions or omissions by an advocate that violate the professional code of conduct or ethical standards outlined in the Advocates Act (Cap. 16) and the Law Society of Kenya Code of Standards of Professional Practice and Ethical Conduct. Common examples of misconduct include:
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Negligence or failure to act: Not attending court hearings, failing to update clients on case progress, or neglecting a client’s case.
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Breach of trust: Withholding client funds, misappropriating money, or failing to release important documents.
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Unethical practices: Breaching confidentiality, coaching witnesses, or engaging in conflicts of interest.
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Undercutting fees: Charging fees below the rates stipulated in the Advocates Remuneration Order, which undermines professional standards.
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Practicing without a valid license: Offering legal services without a current practicing certificate.
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If you believe an advocate has acted unprofessionally, you can lodge a complaint with the ACC or, in some cases, directly with the LSK or the ADT. The ACC is the primary body for receiving and investigating complaints, while the LSK supports complainants and plays a role in the disciplinary process.
<h3 dir="ltr">The Role of the Advocates Complaints Commission (ACC)</h3>
The Advocates Complaints Commission (ACC) is a statutory body established in 1989 under Section 53 of the Advocates Act. It operates under the Office of the Attorney General and Department of Justice and is tasked with receiving, reviewing, investigating, and prosecuting complaints against advocates, law firms, or their employees. The ACC’s primary objectives include:
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Investigating allegations of professional misconduct.
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Promoting reconciliation through alternative dispute resolution (ADR) where appropriate.
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Prosecuting serious cases before the Advocates Disciplinary Tribunal.
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Educating the public on their rights and obligations in advocate-client relationships.
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Vetting advocates for public office appointments by issuing Certificates of Good Standing.
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The ACC is led by a chairperson and commissioners appointed by the President, with at least one commissioner qualified to be a High Court Judge. Services provided by the ACC are free of charge, ensuring accessibility for all complainants.
<h3 dir="ltr">The Role of the Law Society of Kenya (LSK)</h3>
The Law Society of Kenya (LSK) is the premier bar association representing over 20,000 practicing advocates in Kenya. While the LSK does not directly investigate complaints, it plays a critical role in the disciplinary framework by:
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Setting professional and ethical standards through its Code of Conduct.
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Supporting complainants by guiding them to the ACC or ADT.
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Serving as the administrative arm of the Advocates Disciplinary Tribunal, handling tasks such as receiving charges, scheduling hearings, and ensuring compliance with tribunal orders.
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Providing an online advocate search tool to verify an advocate’s licensing status.
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Complaints can be lodged with the LSK, but they are typically redirected to the ACC for formal investigation unless they involve matters suitable for direct referral to the ADT.
<h3 dir="ltr">The Advocates Disciplinary Tribunal (ADT)</h3>
The Advocates Disciplinary Tribunal (ADT), established under Section 57 of the Advocates Act, is responsible for adjudicating complaints referred by the ACC. Chaired by the Attorney General or their deputy, the ADT includes the Solicitor General (or their deputy) and six experienced advocates. The tribunal hears cases of professional misconduct and can issue sanctions such as:
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Admonishing the advocate.
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Suspending the advocate from practice for up to five years.
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Striking the advocate’s name off the Roll of Advocates.
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Imposing a fine.
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Ordering compensation or reimbursement to the complainant.
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The LSK Secretariat supports the ADT by managing administrative processes, including scheduling hearings and serving notices.
<h3 dir="ltr">Step-by-Step Process for Filing a Complaint</h3>
To file a complaint against an advocate in Kenya, follow these steps to ensure your grievance is properly addressed:
<h4 dir="ltr">Step 1: Verify the Advocate’s Status</h4>
Before lodging a complaint, confirm that the advocate is licensed to practice. You can do this by:
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Using the LSK’s online advocate search tool to check if the advocate is on the Roll of Advocates and holds a valid practicing certificate.
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Contacting the LSK directly to verify the advocate’s status.
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This step ensures that your complaint is directed against a recognized advocate subject to the jurisdiction of the ACC and ADT.
<h4 dir="ltr">Step 2: Gather Evidence</h4>
A strong complaint is supported by clear and concise evidence. Collect the following:
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Written correspondence: Letters, emails, or agreements between you and the advocate.
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Financial records: Receipts, bank statements, or proof of payments made to the advocate.
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Court documents: Filings, orders, or other documents related to the case handled by the advocate.
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Other relevant materials: Witness statements, text messages, or any documentation demonstrating the advocate’s misconduct.
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Ensure that all documents are copies, as originals submitted to the ACC may not be returned.
<h4 dir="ltr">Step 3: Complete the ACC Help Form</h4>
The ACC requires complaints to be submitted using a designated Help Form, available in English or Kiswahili. You can download the form from the ACC’s official website. Follow these steps:
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Fill out the form completely, providing your full name, contact details, and a detailed description of the complaint.
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Clearly state the facts of the matter in numbered paragraphs, specifying the advocate’s actions or omissions that constitute misconduct.
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Attach copies of all relevant evidence and receipts.
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Sign and verify the form, as required under the Advocates (Disciplinary Committee) Rules.
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<h4 dir="ltr">Step 4: Submit the Complaint</h4>
Submit the completed Help Form and supporting documents to the ACC via:
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Email: Send a scanned copy to acc@ag.go.ke.
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Physical delivery: Deliver the form to the ACC’s offices at the Office of the Attorney General and Department of Justice, located at Sheria House, Harambee Avenue, Nairobi.
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Upon receipt, the ACC assigns a File Reference Number and Tracking Number to your complaint for monitoring purposes.
<h4 dir="ltr">Step 5: Initial Review and Investigation</h4>
The ACC’s Review and Investigation Division evaluates the complaint to determine if it warrants further action. The process includes:
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Assessment: The ACC checks whether the complaint falls within its mandate. Complaints outside its jurisdiction (e.g., fee disputes requiring taxation) are dismissed or redirected.
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Notification: You will receive written confirmation of the ACC’s decision to proceed or dismiss the complaint.
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Investigation: If the complaint is valid, the ACC investigates by gathering additional evidence, interviewing parties, or requesting documents from the advocate.
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<h4 dir="ltr">Step 6: Attempted Reconciliation (Optional)</h4>
For less serious or non-aggravated complaints, the ACC may facilitate In-House Alternative Dispute Resolution (IHADR) to promote reconciliation between you and the advocate. This process aims to resolve disputes amicably without escalating to the ADT. If reconciliation fails or the misconduct is serious, the case is referred to the Disciplinary Tribunal.
<h4 dir="ltr">Step 7: Referral to the Advocates Disciplinary Tribunal</h4>
If the ACC finds evidence of professional misconduct, it refers the case to the ADT for prosecution. The process includes:
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Framing charges: The ACC prepares formal charges against the advocate.
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Notice of hearing: The LSK Secretariat, acting as the ADT’s administrative arm, notifies the advocate and complainant of the hearing date, at least 21 days in advance. The notice includes a copy of the complaint affidavit and charges.
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Hearing: The ADT hears evidence from both parties. The complainant may be required to testify or provide additional documentation.
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Decision: The ADT deliberates and issues a ruling, which may include sanctions such as fines, suspension, or striking the advocate off the Roll.
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<h4 dir="ltr">Step 8: Follow-Up and Compliance</h4>
If the ADT imposes sanctions, the LSK Secretariat ensures compliance with the tribunal’s orders. For example, if compensation is awarded, the advocate must comply within the specified timeframe. You will be informed of the outcome and any further steps required.
<h3 dir="ltr">Key Considerations When Filing a Complaint</h3>
To maximize the effectiveness of your complaint, keep the following in mind:
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Act Promptly: Complaints should be filed as soon as possible after the incident to ensure timely investigation and availability of evidence.
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Be Specific: Clearly articulate the misconduct, including dates, actions, and how they affected you. Vague or unsubstantiated complaints may be dismissed.
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Avoid Fee Disputes: The ACC does not handle disputes solely about legal fees unless they involve misconduct (e.g., overcharging or withholding funds). Fee disputes may require filing a bill of costs for taxation at the High Court.
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Expect Delays: Due to the volume of cases, investigations and hearings may take time. The ADT typically sits on Mondays, and scheduling can be delayed.
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Seek Legal Advice: If unsure about the process, consult another advocate or contact the LSK for guidance. Free legal aid may be available through organizations like Kituo Cha Sheria for marginalized individuals.
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<h3 dir="ltr">Outcomes of a Successful Complaint</h3>
If the ADT finds the advocate guilty of professional misconduct, possible outcomes include:
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Admonishment: A formal warning to the advocate.
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Suspension: Temporary removal from practice, up to five years.
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Striking off the Roll: Permanent removal from the Roll of Advocates, preventing the advocate from practicing law.
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Fines: Payable by the advocate.
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Compensation: To reimburse or compensate the complainant for losses caused by the misconduct.
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These sanctions aim to deter future misconduct, protect the public, and uphold the integrity of the legal profession.
<h3 dir="ltr">Alternative Avenues for Redress</h3>
In addition to the ACC and ADT, you may explore other options depending on the nature of the complaint:
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Law Society of Kenya: For guidance or to verify an advocate’s status, contact the LSK via their website or offices in Nairobi.
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Court Action: If the misconduct involves criminal behavior (e.g., theft of client funds), you may report the matter to the police or pursue a civil case in court.
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Free Legal Aid: Organizations like Kituo Cha Sheria offer free legal assistance to marginalized individuals, including help with filing complaints.
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<h3 dir="ltr">Public Awareness and Prevention</h3>
The ACC and LSK actively work to educate the public on advocate-client relationships and ethical standards. The ACC conducts webinars, such as its series on “Social Media Ethics for Advocates in Kenya,” and collaborates with law schools to promote ethical practice among young lawyers. To prevent issues with advocates:
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Always confirm an advocate’s licensing status before engaging their services.
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Document all instructions and agreements in writing, requesting copies for your records.
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Regularly follow up with your advocate on case progress and retain copies of all court documents.
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<h3 dir="ltr">Conclusion</h3>
Filing a complaint against an advocate in Kenya is a structured process designed to protect clients and uphold the integrity of the legal profession. The Advocates Complaints Commission serves as the primary entry point, offering free services to investigate and resolve grievances, while the Law Society of Kenya and the Advocates Disciplinary Tribunal play complementary roles in ensuring accountability. By following the steps outlined (verifying the advocate’s status, gathering evidence, completing the Help Form, and engaging with the ACC) you can effectively address professional misconduct. While the process may require patience due to potential delays, it is a vital mechanism for seeking justice and maintaining trust in Kenya’s legal system.
For expert advice, contact us today at +254 716 808 104 or <a href="mailto:info@lawguide.co.ke">info@lawguide.co.ke.</a>
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