Date Posted: 9/19/2011 8:29:29 AM
Posted By: Harshie Moraa Membership Level: Gold Total Points: 1211
This commission is established under Section 53 of the Advocates Act, Chapter 16 of the laws of Kenya and thus derives its mandate from this Act. It is constituted for the purpose of inquiring into complaints against any advocate, firm of advocates or any member or employee thereof. It was instituted following concerns over the Law Society of Kenya’s perceived inability to discipline its errant members. Its primary duties are ensuring that advocates conduct themselves professionally and ethically as well as seeing that standard of legal practice are improved. Its functions can be summarized as:-•Investigation of complaints•Reconciliation of parties•Dismissal of complaints that do not disclose any offenses•Referral of complaints to the Disciplinary Committee; and•Prosecution of disciplinary offenses that are brought before the disciplinary committee.The 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 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.
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