Advocates Act Cap 16 in Kenya

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85 sections

• Section 1 of Advocates Act CAP 16: Short title
  

  This Act may be cited as the Advocates Act.

  
  
• Section 2 of Advocates Act CAP 16: Interpretation
  

  In this Act, unless the context otherwise requires— “advocate” means any person whose name is duly entered upon the Roll of Advocates or upon the Roll of Advocates having the rank of Senior Counsel and, for the purposes of Part IX, includes any person mentioned in section 10; “annual licence”...

  
  
• Section 9 of Advocates Act CAP 16: Qualifications for practising as an advocate
  

  Subject to this Act, no person shall be qualified to act as an advocate unless— (a) he has been admitted as an advocate; and (b) his name is for the time being on the Roll; and (c) he has in force a practising certificate; (d) deleted by Act No. 9 of 2000, s. 57 and for the purpose of...

  
  
• Section 10 of Advocates Act CAP 16: Certain officers entitled to act as advocates
  

  Each of the following persons shall, if he holds one of the qualifications specified in paragraphs (a), (b) and (c) of section 13(1) at the time of his appointment to his office, be entitled in connection with the duties of his office to act as an advocate, and shall not to that extent be deemed to...

  
  
• Section 11 of Advocates Act CAP 16: Foreign advocates
  

  (1) The Attorney-General may, in his absolute discretion, admit to practise as an advocate, for the purpose of any specified suit or matter in or in regard to which the person so admitted has been instructed by the Attorney-General or an advocate, a practitioner who is entitled to appear before...

  
  
• Section 12 of Advocates Act CAP 16: Qualification for admission as advocate
  

  Subject to this Act, no person shall be admitted as an advocate unless— (a) he is a citizen of Kenya, Rwanda, Burundi, Uganda or Tanzania; and (b) he is duly qualified in accordance with section 13.

  
  
• Section 13 of Advocates Act CAP 16: Professional and academic qualifications
  

  (1) A person shall be duly qualified if— (a) having passed the relevant examinations of any recognized university in Kenya he holds, or has become eligible for the conferment of, a degree in law of that university; or (b) having passed the relevant examinations of such university, university...

  
  
• Section 14 of Advocates Act CAP 16: Attorney-General and the Director of Public Prosecutions may take pupils
  

  The Attorney-General and the Director of Public Prosecutions may take pupils in accordance with section 13 and in this Part and in any regulations “advocate”, in the context of pupillage, includes the Attorney-General and the Director of Public Prosecutions.

  
  
• Section 15 of Advocates Act CAP 16: Admission as an advocate
  

  (1) Every person who is duly qualified in accordance with this Part may apply for admission as an advocate, and the application shall be made by petition in the prescribed form, verified by oath or statutory declaration addressed to the Chief Justice, and filed with the Registrar together with a...

  
  
• Section 16 of Advocates Act CAP 16: Custody of Roll
  

  The Registrar shall keep the Roll of Advocates in accordance with this Act and any directions as to its form and the information to be recorded as the Chief Justice may give, and shall allow any person to inspect the Roll during office hours without payment.

  
  
• Section 17 of Advocates Act CAP 16: Senior Counsel
  

  (1) The President may grant a letter of conferment to any person of irreproachable professional conduct who has rendered exemplary service to the legal and public service in Kenya conferring upon him the rank and dignity of Senior Counsel. (2) A person shall not be eligible to be a Senior Counsel...

  
  
• Section 18 of Advocates Act CAP 16: Roll of Senior Counsel
  

  (1) Upon the commencement of this Act, the Registrar shall cause to be prepared, and shall thereafter maintain, a Roll of Advocates having the rank of the Senior Counsel (hereinafter called “the Roll of Senior Counsel”) in accordance with this Part and any directions as to its form and the...

  
  
• Section 19 of Advocates Act CAP 16: Application of Part XI
  

  In the application of Part XI to Senior Counsel— (a) all references therein to the Disciplinary Committee shall be construed as references to a Committee of three, to be appointed in each case by the Chief Justice, consisting of the Attorney-General or the Solicitor-General and two Senior Counsel...

  
  
• Section 20 of Advocates Act CAP 16: Precedence
  

  The Attorney-General, the Director of Public Prosecutions, the Solicitor General, Senior Counsel or Queen’s Counsel according to the date of their appointment as such, the chairman and the vice-chairman (if not a Senior Counsel) of the Society shall, in that order, take precedence of advocates who,...

  
  
• Section 21 of Advocates Act CAP 16: Registrar to issue practising certificates
  

  The Registrar shall issue in accordance with, but subject to, this Part and any rules made under this Act certificates authorizing the advocates named therein to practise as advocates.

  
  
• Section 22 of Advocates Act CAP 16: Application for and issue of practising certificate
  

  (1) Application for a practising certificate shall be made to the Registrar— (a) by delivering to him an application in duplicate, signed by the applicant specifying his name and place of business, and the date of his admission as an advocate; (b) by producing evidence satisfactory to the...

  
  
• Section 23 of Advocates Act CAP 16: Issue of practising certificate to confer membership of Society
  

  (1) Every advocate to whom a practising certificate is issued under this Part shall thereupon and without payment of any further fee, subscription, election, admission or appointment, and notwithstanding anything contained in the Law Society of Kenya Act (Cap. 18) or in any regulations made...

  
  
• Section 24 of Advocates Act CAP 16: Date and validity of practising certificate
  

  (1) Every practising certificate shall bear the date of the day on which it is issued and shall have effect from the beginning of that day: Provided that a practising certificate which is issued during the first month of any practising year shall have effect for all purposes from the beginning of...

  
  
• Section 25 of Advocates Act CAP 16: Discretion of Registrar to issue practising certificate in special cases
  

  (1) Subject to subsection (3) and to section 28(5), subsection (2) shall have effect where an advocate applies for a practising certificate— (a) when for twelve months or more he has ceased to hold a practising certificate in force; or (b) whilst he is an undischarged bankrupt or a receiving...

  
  
• Section 26 of Advocates Act CAP 16: Appeals in connection with issue of practising certificate
  

  (1) If in any case, not being a case to which section 25 applies, the Registrar on an application duly made to him refuses or neglects to issue a practising certificate the applicant may apply to the Chief Justice who may make such an order in the matter as is just. (2) Where under section 25 the...

  
  
• Section 27 of Advocates Act CAP 16: Suspension of practising certificate in certain circumstances
  

  The making by the Disciplinary Committee or the Court of an order suspending an advocate from practice shall operate, and the adjudication in bankruptcy of an advocate shall operate immediately, to suspend any practising certificate of that advocate for the time being in force.

  
  
• Section 28 of Advocates Act CAP 16: Duration of suspension of practising certificate
  

  (1) Subject to this section, where a practising certificate has become suspended by an order under section 26(2) or by virtue of section 27, that suspension shall continue until the certificate expires. (2) The suspension of a practising certificate by virtue of section 27 by reason of an...

  
  
• Section 29 of Advocates Act CAP 16: Publication of suspension or termination of suspension of practising certificate in certain cases
  

  Where an advocate’s practising certificate has become suspended— (a) by an order under section 26(2); or (b) by virtue of section 27 by reason of his adjudication in bankruptcy, the Registrar shall forthwith cause notice of that suspension to be published in the Gazette and a note thereof to be...

  
  
• Section 30 of Advocates Act CAP 16: Evidence as to holding of practising certificate
  

  (1) Any list purporting to be published by authority of the Registrar and to contain the names of advocates who have obtained practising certificates for the current year before the 1st February in that year shall, until the contrary is proved, be evidence that the persons named therein as advocates...

  
  
• Section 31 of Advocates Act CAP 16: Unqualified person not to act as advocate
  

  (1) Subject to section 83, no unqualified person shall act as an advocate, or as such cause any summons or other process to issue, or institute, carry on or defend any suit or other proceedings in the name of any other person in any court of civil or criminal jurisdiction. (2) Any person who...

  
  
• Section 32 of Advocates Act CAP 16: Qualification for practice on own behalf
  

  (1) Notwithstanding that an advocate has been issued with a practising certificate under this Act, he shall not engage in practice on his own behalf either full-time or part time unless he has practised in Kenya continuously on a full-time basis for a period of not less than two years after...

  
  
• Section 32A of Advocates Act CAP 16: Employment as in-house Advocate
  

  (1) A person who is qualified to act as an advocate under this Act may be employed as an in-house advocate. (2) A person who is employed as an in-house advocate shall— (a) be an independent professional legal advisor to his or her employer; and (b) not charge fees for services rendered below...

  
  
• Section 32B of Advocates Act CAP 16: Standards of work and remuneration
  

  (1) The Chief Justice shall, on the recommendation of the Council of the Society, prescribe— (a) the standards of work that may be performed by a person employed as an in-house advocate under this Act; and (b) the criteria for determining the remuneration payable to an in-house counsel by an...

  
  
• Section 33 of Advocates Act CAP 16: Penalty for pretending to be advocate
  

  Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognized by law as qualified to act as an advocate shall be guilty of an offence.

  
  
• Section 34 of Advocates Act CAP 16: Unqualified person not to prepare certain documents or instruments
  

  (1) No unqualified person shall, either directly or indirectly, take instructions or draw or prepare any document or instrument— (a) relating to the conveyancing of property; or (b) for, or in relation to, the formation of any limited liability company, whether private or public; or (c) for, or...