Advocates Act Cap 16 in Kenya

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Search Results...

85 sections

• Section 36 of Advocates Act CAP 16: Undercutting
  

  (1) Any advocate who holds himself out or allows himself to be held out, directly or indirectly and whether or not by name, as being prepared to do professional business at less than the remuneration prescribed, by order, under this Act shall be guilty of an offence. (2) No advocate shall charge...

  
  
• Section 37 of Advocates Act CAP 16: Sharing profits
  

  Any advocate who agrees to share his profits in respect of any professional business, whether contentious or non-contentious, with any person not being an advocate or other duly qualified legal practitioner (by whatever name called) shall be guilty of an offence: Provided that this section shall...

  
  
• Section 38 of Advocates Act CAP 16: Touts
  

  (1) Any unqualified person who, in consideration of any payment or other advantage to himself or any other person, procures or attempts to procure the employment of an advocate as such in any suit or matter or solicits from an advocate any such payment or advantage in consideration of such...

  
  
• Section 39 of Advocates Act CAP 16: Advocate not to act as agent for unqualified person
  

  Any advocate who acts as agent in any suit, or in any matter in bankruptcy, for any unqualified person, or permits his name, or that of any firm of which he is a partner, to be made use of in any such suit or matter, upon the account or for the profit of any unqualified person or who does any other...

  
  
• Section 40 of Advocates Act CAP 16: No costs recoverable where unqualified person acts as advocate
  

  No costs in respect of anything done by an unqualified person in contravention of this Part shall be recoverable in any suit or matter by any person.

  
  
• Section 41 of Advocates Act CAP 16: Employment by advocate of persons struck-off the Roll or suspended
  

  (1) No advocate shall, in connection with his practice as an advocate, without the written permission of the Council of the Society, which may be given for such period and subject to such conditions as the Council thinks fit, employ or remunerate any person who to his knowledge is disqualified from...

  
  
• Section 42 of Advocates Act CAP 16: Penalty for failure to disclose fact of having been struck-off, etc.
  

  (1) Any person who, whilst he is disqualified from practising as an advocate by reason of the fact that he has been struck off the Roll, otherwise than at his own request, or is suspended from practising as an advocate, seeks or accepts employment by an advocate in connection with the advocate’s...

  
  
• Section 43 of Advocates Act CAP 16: Offences by bodies corporate
  

  (1) If any act is done by a body corporate or by any director, officer or servant thereof, of such a nature or in such a manner as to be calculated to imply that the body corporate is qualified, or recognized by law as qualified, to act as an advocate, the body corporate shall be guilty of an...

  
  
• Section 44 of Advocates Act CAP 16: Chief Justice may make orders prescribing remuneration
  

  (1) The Council of the Society may make recommendation to the Chief Justice on all matters relating to the remuneration of advocates, and the Chief Justice, having considered the same, may by order, prescribe and regulate in such manner as he thinks fit the remuneration of advocates in respect of...

  
  
• Section 45 of Advocates Act CAP 16: Agreements with respect to remuneration
  

  (1) Subject to section 46 and whether or not an order is in force under section 44, an advocate and his client may— (a) before, after or in the course of any contentious business, make an agreement fixing the amount of the advocate’s remuneration in respect thereof; (b) before, after or in the...

  
  
• Section 46 of Advocates Act CAP 16: Invalid agreements
  

  Nothing in this Act shall give validity to— (a) any purchase by an advocate of the interest, or any part of the interest, of his client in any suit or other contentious proceeding; or (b) any agreement relieving any advocate from responsibility for professional negligence or any other...

  
  
• Section 47 of Advocates Act CAP 16: Power of court to order advocate to deliver his bill and to deliver up deed
  

  (1) The jurisdiction of the Court to make orders for the delivery by an advocate of a bill of costs, and for the delivery up of or otherwise in relation to, any deeds, documents or papers in his possession, custody or power, is hereby declared to extend to cases in which no business has been done by...

  
  
• Section 48 of Advocates Act CAP 16: Action for recovery of costs
  

  (1) Subject to this Act, no suit shall be brought for the recovery of any costs due to an advocate or his firm until the expiry of one month after a bill for such costs, which may be in summarized form, signed by the advocate or a partner in his firm, has been delivered or sent by registered post to...

  
  
• Section 49 of Advocates Act CAP 16: Procedure in action where quantum of costs is challenged by defence
  

  Where, in the absence of an agreement for remuneration made by virtue of section 45, a suit has been brought by an advocate for the recovery of any costs and a defence is filed disputing the reasonableness or quantum thereof— (a) no judgment shall be entered for the plaintiff, except by consent,...

  
  
• Section 50 of Advocates Act CAP 16: Taxation on application of third parties, beneficiaries under trust, etc.
  

  (1) Where a person other than the person who is the party chargeable with a bill of costs is liable to pay the bill either to the advocate or to the party chargeable with the bill, or where a person is interested in any property in the hands or under the control of a trustee, executor or...

  
  
• Section 51 of Advocates Act CAP 16: General provisions as to taxation
  

  (1) Every application for an order for the taxation of an advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate. (2) The certificate of the taxing officer by whom any bill has been...

  
  
• Section 52 of Advocates Act CAP 16: Charging orders
  

  Any court in which an advocate has been employed to prosecute or defend any suit or matter may at any time declare the advocate entitled to a charge on the property recovered or preserved through his instrumentality for his taxed costs in reference to that suit or matter, and may make orders for the...

  
  
• Section 53 of Advocates Act CAP 16: Establishment of Complaints Commission
  

  (1) There is hereby established a Complaints Commission (in this Part referred to as “the Commission”) which shall consist of such commissioner or commissioners as shall be appointed by the President for the purpose of enquiring into complaints against any advocate, firm of advocates, or any member...

  
  
• Section 53A of Advocates Act CAP 16: Remuneration of Commissioner
  

  (1) There shall be paid to the Commissioner such remuneration by way of salary, allowance, pension or gratuity as shall be determined by the President. (2) The remuneration referred to in subsection (1) shall be paid out of moneys provided by Parliament.

  
  
• Section 54 of Advocates Act CAP 16: Secretary and staff of Commission and rules relating thereto
  

  (1) There shall be a secretary to the Commission who shall be appointed by the Attorney-General. (2) The Attorney-General shall provide such public officers as are necessary for the proper and efficient exercise of the duties and functions of the Commission. (3) The Attorney-General may make...

  
  
• Section 55 of Advocates Act CAP 16: Advocates to be officers of Court
  

  Every advocate and every person otherwise entitled to act as an advocate shall be an officer of the Court and shall be subject to the jurisdiction thereof and, subject to this Act, to the jurisdiction of the Disciplinary Tribunal: Provided that the persons mentioned in section 10, other than those...

  
  
• Section 56 of Advocates Act CAP 16: Savings of disciplinary powers of Court
  

  Nothing in this Act shall supersede, lessen or interfere with the powers vested in the Chief Justice or any of the judges of the Court to deal with misconduct or offences by an advocate, or any person entitled to act as such, committed during, or in the course of, or relating to, proceedings before...

  
  
• Section 57 of Advocates Act CAP 16: Establishment of Disciplinary Tribunal
  

  (1) There is established a tribunal to be known as the Disciplinary Tribunal (in this Part referred to as “the Tribunal”) which shall consist of— (a) the Attorney-General; (aa) the Director of Public Prosecutions; (b) the Solicitor-General or a person deputed by the Attorney-General; and...

  
  
• Section 58 of Advocates Act CAP 16: Proceedings of Tribunal
  

  (1) The Tribunal may, subject to subsection (2), act as a tribunal of either three or five members, and may require the chairman or vice-chairman of the Society or both or any other member of the Council of the Society, to sit as an additional member or members of the Tribunal to constitute the...

  
  
• Section 58A of Advocates Act CAP 16: Establishment of Regional Disciplinary Committees
  

  (1) There are hereby established Disciplinary Committees (in this Part referred to as “Regional Committees”) in five representative regions, other than Nairobi, identified by the society. (2) Each Regional Disciplinary Committee shall have a jurisdiction concurrent to that of the Disciplinary...

  
  
• Section 59 of Advocates Act CAP 16: Application for removal of name from the Roll
  

  (1) An advocate may make an application to the Tribunal to procure his name to be removed from the Roll. (2) On the hearing of an application under subsection (1), the Tribunal may make an order that the name of such advocate be removed from the Roll and may make such other order in relation to...

  
  
• Section 60 of Advocates Act CAP 16: Complaints against advocates
  

  (1) A complaint against an advocate of professional misconduct, which expression includes disgraceful or dishonourable conduct incompatible with the status of an advocate, may be made to the Tribunal by any person. (2) Where a person makes a complaint under subsection (1), the complaint shall be...

  
  
• Section 60A of Advocates Act CAP 16: Hearing of complaints
  

  (1) The powers conferred on the Committee by this section may be exercised on the hearing of— (a) any application or complaint made to the Committee under this Act by or on behalf of the Council; (b) any application made to the Committee by the Complaints Commission under this Act; or...

  
  
• Section 61 of Advocates Act CAP 16: Reports by Tribunal and action thereon
  

  (1) On the termination of the hearing of a complaint, if the Tribunal does not dismiss the same, the Tribunal shall embody its findings and the order or orders made by it in the form of a report to the Court, which shall be delivered to the Registrar, together with the record of evidence taken and...

  
  
• Section 62 of Advocates Act CAP 16: Appeal against order of Tribunal
  

  (1) Any advocate aggrieved by order of the Tribunal made under section 60 may, within fourteen days after the receipt by him of the notice to be given to him pursuant to section 61(2), appeal against such order to the Court by giving notice of appeal to the Registrar, and shall file with the...