Law Society of Kenya Act

Section 1. Short title Section This Act may be cited as the Law Society ("the Law Society of Kenya established by") of Kenya Act, 2014 and shall come into operation in accordance with the Constitution.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "advocate" has the meaning assigned to it in the Advocates Act ( Cap. 16 ); "Certified Public Secretary" has the meaning assigned in the Certified Public Secretaries Act ( Cap. 534 ); "client" has the meaning assigned to it in the Advocates Act ( Cap. 16 ); "costs" includes fees, charges, disbursements, expenses and remuneration; "Council" means the Council of the Society ("the Law Society of Kenya established by") established by section 17 ; "Disciplinary Committee" means the Disciplinary Committee established under section 57 of the Advocates Act ( Cap. 16 ); "Independent Electoral and Boundaries Commission" means the Independent Electoral and Boundaries Commission established by Article 88 of the Constitution; "ordinary general meeting" means a meeting of the Society ("the Law Society of Kenya established by") held in terms of section 30 ; "practising certificate" means a certificate issued under section 21 of the Advocates Act ( Cap. 16 ); "prescribed" means prescribed by the Council ("the Council of the Society established by;") with the approval of the general meeting; "paralegal" means a pe...

Section 3. Establishment of LawSocietyof Kenya Section 3(1) There is established a society to be known as the Law Society ("the Law Society of Kenya established by") of Kenya. Section 3(2)(a) suing and be sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, developing or disposing of movable and immovable property; Section 3(2)(c) borrowing or raising money; Section 3(2)(d) invest and deal with monies of the Society ("the Law Society of Kenya established by") not immediately required in such manner as may from time to time be determined by the Society ("the Law Society of Kenya established by") ; and Section 3(2)(e) doing or performing all such other things or acts, which may, lawfully, be done by a body corporate. Section 3(3) The Society ("the Law Society of Kenya established by") shall be the successor of the Law Society ("the Law Society of Kenya established by") of Kenya established under the Law Society ("the Law Society of Kenya established by") of Kenya Act (Repealed), and subject to this Act, all rights, duties, obligations, assets and liabilities of the Law Society ("the Law Society of Kenya established by") of Kenya existing at the commencement of th...

Section 4. Functions and objects of theSociety Section assist the Government and the courts in matters relating to legislation, the administration of justice and the practice of law in Kenya;

Section 5. General powers orSociety Section The Society ("the Law Society of Kenya established by") shall have the powers to do all things necessary for the proper and effective achievement of its objects and the performance of its functions.

Section 6. Guiding principles Section the maintenance and advancement of constitutionalism, justice and the rule of law;

Section 4A. Powers on anti-money laundering and combating the financing of terrorism Section 4A(1) Pursuant to section 36A of the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ), the Society shall regulate, supervise and enforce compliance for anti-money laundering, combating the financing of terrorism and countering proliferation financing for lawyers, notaries and other legal professionals. Section 4A(2)(a) conduct onsite inspection; Section 4A(2)(b) compel the production of any document or information the Society ("the Law Society of Kenya established by") may require for the purpose of discharging its supervisory mandate under the Proceeds of Crime and Anti-Money Laundering Act ( Cap. 59A ); Section 4A(2)(c) impose monetary, civil or administrative sanctions for violations relating to anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes; Section 4A(2)(d) issue regulations, guidelines, directions, rules or instructions for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes; Section 4A(2)(e) cooperate and share information for anti-money laundering, combati...

Section 7. Membership Section 7(1)(a) any person who has been admitted as an advocate and whose name has been entered into the Roll of Advocates ("the Roll of Advocates kept underor the Roll of Senior Counsel kept under section 18 of the Advocates Act ();") kept under section 16 of the Advocates Act ( Cap. 16 ); Section 7(1)(b) any person admitted to membership under section 8 of this Act; and Section 7(1)(c) any person elected as an honorary member of the Society ("the Law Society of Kenya established by") under section 9 of this Act. Section 7(2) Notwithstanding subsection (1), a member of the Society ("the Law Society of Kenya established by") whose name has been, as a result of disciplinary proceedings, struck off the Roll of Advocates ("the Roll of Advocates kept underor the Roll of Senior Counsel kept under section 18 of the Advocates Act ();") shall not be a member of the Society ("the Law Society of Kenya established by") during the period of expulsion. Section 7(3) A person who has been expelled from membership of the Society ("the Law Society of Kenya established by") shall not be re-admitted as a member of the Society ("the Law Society of Kenya established by") without t...

Section 8. Special membership. Section Any person to whom section 10 of the Advocates Act applies may, upon application, in the prescribed ("prescribed by the Council with the approval of the general meeting;") membership manner be admitted as a member of the Society ("the Law Society of Kenya established by") by the Council ("the Council of the Society established by;") .

Section 9. Honorary membership Section The Council ("the Council of the Society established by;") may elect any person whom it considers fit to so honour, to be an honorary member of the membership Society ("the Law Society of Kenya established by") either for life or for such period as the Council ("the Council of the Society established by;") may specify.

Section 10. Regulations for non-practising members Section The Council ("the Council of the Society established by;") may make Regulations prescribing matters relating to non practising membership that may be necessary for the promotion of the objects and the regulation of the affairs of the Society ("the Law Society of Kenya established by") .

Section 11. No entrance fee payable Section No entrance fee shall be payable by any person for becoming a member of the Society ("the Law Society of Kenya established by") .

Section 12. Membership rights Section a paid up member with a practicing certificate shall have all rights of a member;

Section 13. Termination of membership Section 13(1) Any member of the Society ("the Law Society of Kenya established by") , other than an honorary member, may be suspended or expelled from the Society ("the Law Society of Kenya established by") upon such grounds as are set out in the Advocates Act ( Cap. 16 ). Section 13(2) A person shall not be suspended or expelled from membership of the Society ("the Law Society of Kenya established by") unless the person has been given reasonable opportunity to answer all allegations made against him or her. Section 13(3) The regulations regarding the manner and the grounds upon, which a member may be suspended or expelled from the Society ("the Law Society of Kenya established by") shall be made in consultation with the Chief Justice and shall be subject to section 8l of the Advocates Act ( Cap. 16 ). Section 13(4) A person who has been expelled from membership of the Society ("the Law Society of Kenya established by") shall not be re-admitted as a member of the Society ("the Law Society of Kenya established by") without the authority of a special resolution.

Section 14. Non member to cease to practice, etc. Section suspended, be suspended for the duration for which that person is suspended; or

Section 15. Organs of theCouncil Section the general meeting;

Section 16. The general meeting Section 16(1) The general meeting shall be the supreme authority of the Society ("the Law Society of Kenya established by") which shall approve all resolutions and important decisions of the Society ("the Law Society of Kenya established by") . Section 16(2) The general meeting shall consist of all the members of the Society ("the Law Society of Kenya established by") . Section 16(3) The secretary shall be the secretary to the general meeting. Section 16(4) The expenses of the annual general meeting shall be defrayed from the general funds of the Society ("the Law Society of Kenya established by") . Section 16(5) The quorum of the general meeting shall be at least five percent of all the members of the Society ("the Law Society of Kenya established by") . Section 16(6) The president of the Council ("the Council of the Society established by;") shall preside at the general meeting and in the absence of the president, the vice-president shall preside at the meeting. Section 16(7) In the absence of both the president and the vice-president, the Council ("the Council of the Society established by;") shall nominate one among its members to preside.

Section 17. TheCouncil Section 17(1) The Council ("the Council of the Society established by;") shall be the governing body of the society. Section 17(2)(a) the president; Section 17(2)(b) the vice-president; Section 17(2)(c) three representatives of the general membership of the Society ("the Law Society of Kenya established by") , one of whom shall be an advocate of at least twenty-five years' standing; Section 17(2)(d) four upcountry representatives, who shall be persons who do not ordinarily practises in Nairobi or at the coast and; Section 17(2)(e) three Nairobi representatives who shall be persons who ordinarily practises in Nairobi; and Section 17(2)(f) one coast representative, who shall be a person who ordinarily practises at the coast. Section 17(3) The members of the Council ("the Council of the Society established by;") shall be elected by all the members of the Society ("the Law Society of Kenya established by") in accordance with this Act.

Section 18. Eligibility of election as member of theCouncil Section 18(1)(a) is a member or former member of the Council ("the Council of the Society established by;") ; or Section 18(1)(b) is qualified to be a Judge of the Supreme Court. Section 18(2)(a) is a member of the Society ("the Law Society of Kenya established by") ; Section 18(2)(b) has been practise for at least two years, from the date of admission; Section 18(2)(c) has not been found liable for professional misconduct by the Disciplinary Committee ("the Disciplinary Committee established under section 57 of the Advocates Act ();") established by the Advocates Act ( Cap. 16 ), in the three years immediately preceding the election; and Section 18(2)(d) meets the requirements of Chapter Six of the Constitution.

Section 19. Election of the members of theCouncil Section conducted in a transparent and fair manner;

Section 20. Supervision of elections Section The elections for the membership of the Council ("the Council of the Society established by;") shall be conducted by such body as the Council ("the Council of the Society established by;") may propose and approved by the general meeting preceding the election.

Section 21. Assumption and term ofoffice Section 21(1) The president, the vice-president and the members of the Council ("the Council of the Society established by;") shall assume office immediately after the ordinary general meeting ("a meeting of the Society held in terms of;") of the Society ("the Law Society of Kenya established by") next following an election of the members Council ("the Council of the Society established by;") , and shall hold office for a period of two years, ending at the conclusion of the annual general meeting held in the second year, after their election. Section 21(2) A person who has been elected as president shall serve for one term and shall not be eligible for election for another term. Section 21(3) Where the president, the vice-president or member of the Council ("the Council of the Society established by;") dies, resigns or is removed from office before the expiry of the term of office, the vacancy created shall be filled in such manner as provided in the regulations.

Section 22. Removal from office Section 22(1)(a) inability to perform the functions of office arising from mental or physical infirmity; Section 22(1)(b) suspension or expulsion as provided under the Act; Section 22(1)(c) bankruptcy; or Section 22(1)(d) failure to attend four consecutive Council ("the Council of the Society established by;") meetings, without reasonable grounds acceptable to the Council ("the Council of the Society established by;") . Section 22(2)(a) informed of the reasons for the intended removal, in writing; Section 22(2)(b) given an opportunity to put in a defence against any allegations, either in person or through an advocate .

Section 23. Committees of theCouncil Section 23(1) The conduct of proceedings of the Council ("the Council of the Society established by;") , and of every committee of the Council ("the Council of the Society established by;") , shall be as may be prescribed ("prescribed by the Council with the approval of the general meeting;") from time to time by the Council ("the Council of the Society established by;") . Section 23(2) The Council ("the Council of the Society established by;") may establish such committees consisting of members of the Council ("the Council of the Society established by;") as it may consider necessary for the discharge of its functions. Section 23(3) The Council ("the Council of the Society established by;") may, by resolution, engage any person who is not a member of the Council ("the Council of the Society established by;") to provide such expertise as may be required for the better discharge of its functions, and the attainment of the objects, of the Society ("the Law Society of Kenya established by") .

Section 24. Branches of theSociety Section 24(1)(a) Coast; Section 24(1)(b) Rift Valley; Section 24(1)(c) North Rift; Section 24(1)(d) West Kenya; Section 24(1)(e) South West Kenya; Section 24(1)(f) Mount Kenya; Section 24(1)(g) South Eastern; and Section 24(1)(h) Nairobi. Section 24(2)(a) deal with issues that regarding practise within their centres; Section 24(2)(b) address issues relating to the welfare of the members practising in their centres; Section 24(2)(c) inform the Council ("the Council of the Society established by;") of any matters that affect members within the branches that require the Council ("the Council of the Society established by;") 's engagement with other stakeholders on behalf of the branch.

Section 25. Nomination and recall ofSociety's representatives to statutory bodies Section 25(1) The Council ("the Council of the Society established by;") shall nominate the Society ("the Law Society of Kenya established by") 's representatives to statutory or public bodies to serve and articulate the objects of the Society ("the Law Society of Kenya established by") . Section 25(2) A person who has been nominated to a statutory body shall seek guidance and directions from the Council ("the Council of the Society established by;") on matters affecting the Society ("the Law Society of Kenya established by") and shall, regularly and when required by the Council ("the Council of the Society established by;") , report to the Council ("the Council of the Society established by;") , the deliberations of the statutory or public body that affect the Society ("the Law Society of Kenya established by") . Section 25(3) A person who has been nominated to serve on any statutory or public body may, at any time, be recalled by the Council ("the Council of the Society established by;") notwithstanding that the position has been gazetted and the Council ("the Council of the Society established by;"...

Section 26. The secretary Section 26(1) There shall be a secretary to the Council ("the Council of the Society established by;") who shall be the chief executive of the Society ("the Law Society of Kenya established by") and in charge of the secretariat of the Society ("the Law Society of Kenya established by") . Section 26(2) The secretary shall be appointed by the Council ("the Council of the Society established by;") through a transparent and competitive recruitment process. Section 26(3) The secretary shall be responsible to the Council ("the Council of the Society established by;") for the day-to-day administration and management of the Secretariat and the affairs and functions of the Society ("the Law Society of Kenya established by") as the Council ("the Council of the Society established by;") shall determine. Section 26(4)(a) is an advocate of the High Court of Kenya with at least ten years experience; and Section 26(4)(b) meets the requirements of Chapter Six of the Constitution. Section 26(5) A person appointed secretary shall hold office for a period of three years and shall be eligible for reappointment for a further term of three years. Section 26(6)(a) inability to p...

Section 27. The secretariat Section 27(1) There shall be a secretariat of the Society ("the Law Society of Kenya established by") to be headed by the secretary. Section 27(2) The secretariat shall be responsible for the day to day management of the affairs of the Society ("the Law Society of Kenya established by") . Section 27(3) The secretariat shall, from time to time receive such general or specific instructions from the Council ("the Council of the Society established by;") through the secretary.

Section 28. Structure of the secretariat Section 28(1) The secretariat shall be structured in a manner that promotes the commitment to practice excellence and client care in the profession. Section 28(2)(a) the practice standards directorate which shall be responsible for the promotion of excellence in practice, client care and the achievement of full compliance with the rules of good practice in the profession through advice, support and other forms of assistance to advocates and law firms; Section 28(2)(b) the compliance and ethics directorate which shall be responsible for the receipt and evaluation of complaints against advocates and the prosecution of matters before the Disciplinary Committee ("the Disciplinary Committee established under section 57 of the Advocates Act ();") ; Section 28(2)(c) the continuing professional development directorate which shall be responsible for ensuring compliance of members with the relevant regulations; Section 28(2)(d) the public interest directorate which shall be responsible for the identification of public interest issues' legislation and litigation; and Section 28(2)(e) any other directorate that the Council ("the Council of the Society e...

Section 29. Liability ofCouncilmembers officers and employees Section 29(1) No matter or thing done by a member of the Council ("the Council of the Society established by;") or by any officer, member of staff, or agent of the Council ("the Council of the Society established by;") shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Council ("the Council of the Society established by;") or the objects of the Society ("the Law Society of Kenya established by") under this Act or for any neglect or default in the performance or exercise in good faith of any such duty or power render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 29(2) Any expenses incurred by any person in any suit or prosecution brought against him or her in any court, in respect of any act which is done or purported to be done by him or her under the direction of the Council ("the Council of the Society established by;") , shall, if the court holds that such act was done bona fide , be paid out of the funds of the Society ("the Law Society of Kenya established by") , if...

Section 30. Ordinary general meeting Section 30(1) The Council ("the Council of the Society established by;") shall, convene an ordinary general meeting ("a meeting of the Society held in terms of;") of the Society ("the Law Society of Kenya established by") in the month of March of every year at such venue as may be determined by the Council ("the Council of the Society established by;") . Section 30(2) The Council ("the Council of the Society established by;") shall present to the ordinary general meeting ("a meeting of the Society held in terms of;") a full report of the activities of the Society ("the Law Society of Kenya established by") in the immediately preceding year.

Section 31. Requisitioning a special general meeting Section 31(1)(a) if requisitioned by at least five percent of the members from each branch; or Section 31(1)(b) by the Council ("the Council of the Society established by;") on its own motion after giving a thirty days notice. Section 31(2)(a) be in writing; Section 31(2)(b) be signed by the members from all the branches as specified in subsection (1); Section 31(2)(c) specify the object of the proposed meeting; Section 31(2)(d) be submitted to the secretary to the Society ("the Law Society of Kenya established by") . Section 31(3) The Council ("the Council of the Society established by;") shall, within fourteen days of receiving a requisition submitted under subsection (2), convene a special general meeting of the Society ("the Law Society of Kenya established by") . Section 31(4) If the Council ("the Council of the Society established by;") fails, within fourteen days after the requisition, to convene a general meeting in accordance with the requisition, and specifying that it shall be held within thirty days, the members may themselves convene that general meeting to be held at any time within two months after such requisition...

Section 32. Convening and procedure of meetings Section Subject to the provisions of this Act, the manner of convening general meetings of the Society ("the Law Society of Kenya established by") and the procedure at a general meeting shall be as may be prescribed ("prescribed by the Council with the approval of the general meeting;") from time to time by the Council ("the Council of the Society established by;") .

Section 33. Resolutions of theSociety Section 33(1) Except for any purpose for which a special resolution is expressly required by this Act or by any regulation made under this Act, all resolutions of the Society ("the Law Society of Kenya established by") in general meeting shall be by simple majority vote. Section 33(2) In this Act a "special resolution" means a resolution passed by not less than two-thirds of such members of the Society ("the Law Society of Kenya established by") as may be present and vote thereon at a general meeting of the Society ("the Law Society of Kenya established by") , duly convened with notice of the intention to propose such resolution.

Section 34. Voting Section Every member present at a general meeting of the Society ("the Law Society of Kenya established by") shall have one vote, and the president of that Council ("the Council of the Society established by;") shall also have a casting vote.

Section 35. Voting procedure Section Subject to the provisions of this Act, the procedure of voting at the general meetings shall be as may be prescribed ("prescribed by the Council with the approval of the general meeting;") from time to time by the Council ("the Council of the Society established by;") .

Section 36. Alteration of resolutions Section A resolution of the Society ("the Law Society of Kenya established by") in a general meeting shall not be altered or rescinded within nine months after the passage of the resolution without a special resolution of the Society ("the Law Society of Kenya established by") .

Section 37. Minutes to be recorded, etc. Section The Council ("the Council of the Society established by;") shall cause proper minutes of all meetings of the Council ("the Council of the Society established by;") and of the general meeting to be taken and recorded.

Section 38. Records of accounts Section 38(1) The Council ("the Council of the Society established by;") shall cause proper books and records of accounts of all funds, property, assets and liabilities of the Society ("the Law Society of Kenya established by") to be kept, and to be audited as of the 31st December of every year. Section 38(2) The Council ("the Council of the Society established by;") shall present the audited accounts of the immediately preceding year at every the ordinary general meeting ("a meeting of the Society held in terms of;") .

Section 39. The common seal. Section The common seal of the Society ("the Law Society of Kenya established by") shall be kept in such custody and used in such manner as may be prescribed ("prescribed by the Council with the approval of the general meeting;") from time to time.

Section 40. Committees ofSocietymembers Section 40(1) The Council ("the Council of the Society established by;") may establish such thematic committees comprising members of the Society ("the Law Society of Kenya established by") for the purpose of assisting the Society ("the Law Society of Kenya established by") perform, or to advise the society on any matter relating to the performance of, its functions. Section 40(2) Without prejudice to the generality of sub-section (l), there shall be a standing committee of the Society ("the Law Society of Kenya established by") to be known as the Budget and Finance Committee.

Section 41. Regulations Section annual subscriptions;