Section 81 of Advocates Act CAP 16: 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;
(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.


Disclaimer: This document is not to be taken as legal advise.

Enhance Your Research with Bookmarks and Annotations

Here's how you can use these features:

  • To bookmark this page, click the "Bookmark this Page" button below the document title.
  • To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
  • These features are great for organizing your research and keeping track of key information.
  • You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.

Cited By:



More Sections


  • Section 82 - Relief to banks

    (1) Subject to this section, no bank shall, in connection with any transaction on any amount of any advocate kept with it or with any other bank (other than an account kept by an advocate as trustee...

  • Section 83 - Saving of other laws

    Nothing in this Act or any rules made thereunder shall affect the provisions of any other written law empowering any unqualified person to conduct, defend or otherwise act in relation to any legal...

  • Section 84 - Application of certain fees, etc.

    All admission fees received by the Registrar under section 11(2) or 15(4), and all fees received by the Registrar in respect of replacing an advocate’s name on the Roll under section 71, shall be paid...

  • Section 85 - General penalty

    (1) Any person who is guilty of an offence under this Act for which no penalty is otherwise provided shall be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a...

  • Section 86 - Repeal of Cap. 16 and savings

    (1) The Advocates Act is repealed. (2) Without prejudice to the generality of the application of subsection (3) of section 23 of the Interpretation and General Provisions Act (Cap. 2), the...