ADVOKS GLOBAL · KENYA
Advocates Act
81. Power to make rules
Edition: 2024-04-26 · In force
81. Power to make rules
(1)The Council of the Society, with the approval of the Chief Justice, may make rules with regard to—(a)the professional practice, conduct and discipline of advocates;(aa)the admission of advocates under section 15;(b)the keeping of accounts by advocates;(c)the annual submission to the Council of a certificate by an accountant registered under the Accountants Act (Cap. 531) or by some other person or class of persons specified by such Council that he has examined the books, accounts and documents of the advocate to such extent as may be prescribed and stating—(i)whether or not he is satisfied that, during the period covered by his certificate, the advocate has complied with the rules for the time being in force regulating the keeping of accounts by advocates; and(ii)if he is not so satisfied, the matters in respect of which he is not satisfied;(d)the retention or otherwise by advocates of interest earned on moneys deposited, received or held for or on account of clients;(e)the issue of practising certificates, the fee payable thereon and the duties of the Registrar with respect to the issuing of such certificates;(ee)the procedure for the conferment of, and the privileges attached to, the rank of Senior Counsel;(f)the establishment of a compensation fund for the benefit of clients;(g)indemnity for clients against loss or damage arising from claims in respect of any civil liability incurred by an advocate or his employee, or from breach of trust by the advocate or his employee;(h)continuing professional education for all advocates practising in Kenya;(i)generally for the better carrying out of the provisions of this Act, other than Parts III, IV, IX, X and XI.(2)If an advocate fails to comply with any rules made under this section, any person may make a complaint in respect of that failure to the Disciplinary Tribunal.(3)No rule made under this section shall require an advocate who is a member of the National Assembly or the Speaker and who holds a practising certificate to undergo continuing legal education during his tenure as such member or as the Speaker.