ADVOKS GLOBAL · KENYA
Advocates Act
72. Disciplinary powers as to clerks
Edition: 2024-04-26 · In force
72. Disciplinary powers as to clerks
(1)An application may be made by or on behalf of the Council of the Society to the Tribunal for an order directing that, as from a date to be specified in such order, no advocate shall, in connection with his practise as an advocate, without the written permission of such Council, which may be given for such period and subject to such conditions as such Council may think fit, take into or retain in his employment or remunerate any person, who, being or having been a clerk to an advocate—(a)has been convicted of any offence mentioned in Chapters XI, XXVI, XXXII or XXXV, in or against any one or more of sections 280, 281, 282, 285, 293, 294, 308, 311, 314, or 393 of the Penal Code (Cap. 63), or any offence mentioned in the Prevention of Corruption Act (Cap. 65); or(b)has been convicted of any offence involving fraud or deceit; or(c)has been party to any act or default of an advocate in respect of which a complaint has been or might be made against such advocate to the Tribunal; or(d)has so conducted himself whilst employed as a clerk to an advocate that, had he himself been an advocate, such conduct might have formed the subject of a complaint against him to the Tribunal.(2)The provisions of section 58 and of subsections (4), (5) and (6) of section 60 shall apply, mutatis mutandis, to the hearing of an application under this section.(3)Every order made by the Tribunal under this section shall be filed, on a file to be kept for that purpose, by the secretary to the Tribunal who shall cause a certified copy of such order to be delivered to the person to whom it relates or shall forward the same by registered post to his last known address.(4)The file mentioned in subsection (3) may be inspected by any advocate during office hours without payment.