Advocates Act Cap 16 in Kenya

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Search Results...

85 sections

• Section 63 of Advocates Act CAP 16: Registrar to furnish copy of the report and record
  

  When notifying the Council of the Society and the advocate to whom a complaint relates of the date fixed for the hearing of the appeal, the Registrar shall also forward to the Council and the advocate a copy of the report of the evidence, a list of any documents put in evidence and the memorandum of...

  
  
• Section 64 of Advocates Act CAP 16: Powers of Court
  

  The Court, after considering the evidence taken by the Tribunal, the report of the Tribunal and the memorandum of appeal, and having heard the parties, and after taking any further evidence, if it thinks fit so to do, may— (a) refer the report back to the Tribunal with directions for its findings...

  
  
• Section 65 of Advocates Act CAP 16: Powers of Court under section 64 to be exercised by two judges
  

  (1) The powers conferred upon the Court by section 64 shall be exercised by not less than two of the judges of the Court. (2) If such powers are exercised by two judges and the opinion of the Court is equally divided, the matter shall be reheard by three judges. (3) If such powers are exercised...

  
  
• Section 66 of Advocates Act CAP 16: Registrar to draw up orders
  

  Where an order has been made by the Court under section 64, the Registrar shall, within one week from the date of the making thereof, cause the order to be drawn up.

  
  
• Section 67 of Advocates Act CAP 16: Right of appeal to Court of Appeal
  

  (1) Any advocate aggrieved by a decision or order of the Court made under section 64 may appeal therefrom to the Court of Appeal in the manner and within the time prescribed by the rules made from time to time by the Court relating to second appeals in civil matters. (2) An appeal under this...

  
  
• Section 68 of Advocates Act CAP 16: Orders to be noted on the Roll
  

  (1) The Registrar shall cause a note of the effect of a final order to be entered in the Roll against the name of the advocate concerned, and where the order so directs shall remove or strike off his name from the Roll. (2) The Registrar shall send to the secretary of the Society a certified copy...

  
  
• Section 69 of Advocates Act CAP 16: Law Society to be informed of result of disciplinary proceedings and publicity of striking-off or suspension
  

  (1) The Registrar shall inform the secretary to the Society of the making of an entry in respect of any advocate on the Roll and of the removal from, or the striking off, the Roll of the name of any advocate in accordance with the provisions of this Part. (2) The Registrar shall cause to be...

  
  
• Section 70 of Advocates Act CAP 16: Limitation of time for certain applications to strike names off the Roll
  

  Subject as hereinafter provided, no advocate shall be liable to have his name struck off the Roll on account of any defect in his admission and enrolment, unless the application to strike his name off the Roll is made within twelve months after the date of his enrolment: Provided that this section...

  
  
• Section 71 of Advocates Act CAP 16: Restoration to Roll
  

  The Chief Justice shall, upon the recommendation of the Tribunal and with the written approval of the Chairman of the Society, order the Registrar to restore on the Roll the name of any advocate whose name has been removed or struck off the Roll, and the Registrar shall, upon payment by the advocate...

  
  
• Section 72 of Advocates Act CAP 16: Disciplinary powers as to clerks
  

  (1) An application may be made by or on behalf of the Council of the Society to the Tribunal for an order directing that, as from a date to be specified in such order, no advocate shall, in connection with his practise as an advocate, without the written permission of such Council, which may be...

  
  
• Section 73 of Advocates Act CAP 16: Clerk’s right of appeal
  

  (1) Any person against whom an order has been made by the Tribunal under section 72 may, within fourteen days of the date of such order, appeal against such order to the Court, by giving notice of appeal to the Registrar and shall file with the Registrar a memorandum setting out his grounds of...

  
  
• Section 74 of Advocates Act CAP 16: Offences and penalties with respect to employment of clerks against whom an order is in force
  

  (1) Any person against whom an order made under section 72 is in force who seeks or accepts employment by, or remuneration from, an advocate in connection with his practice as an advocate without previously informing him of the order shall be guilty of an offence. (2) Any advocate who knowingly...

  
  
• Section 75 of Advocates Act CAP 16: Order of Tribunal to be received in evidence
  

  Every report and every order made by the Tribunal under this Part shall be signed by the chairman of the Tribunal, and any document, purporting to be a report or an order so signed shall be received in evidence in any judicial proceedings or in any proceedings under this Act, and shall be deemed to...

  
  
• Section 76 of Advocates Act CAP 16: Authentication of rules and other documents
  

  Subject to section 75, all rules, certificates, notices and other documents made or issued by the Tribunal for any purpose whatsoever may be signed on behalf of the Tribunal by the secretary to the Tribunal or by such member or other person as the Tribunal may for that purpose appoint.

  
  
• Section 77 of Advocates Act CAP 16: Penalties for failure to comply with order of Tribunal
  

  Any person who, without good and lawful excuse, contravenes or fails to comply with any order, notice or direction of the Tribunal or the Complaints Commission shall be guilty of an offence and, in the case of an advocate, shall, alternatively or in addition, be liable to proceedings under section...

  
  
• Section 78 of Advocates Act CAP 16: Immunity for members of Tribunal
  

  No member of the Tribunal, nor any person who is or was at any material time a member, or the secretary, thereof, shall be liable to be sued in any civil court for or in respect of any act or thing done or omitted to be done, or ordered to be done or omitted, by him, in good faith, in the exercise,...

  
  
• Section 79 of Advocates Act CAP 16: Right to legal representation
  

  Any advocate against whom a complaint is made or any complainant under Part X or this Part, may be represented by an advocate.

  
  
• Section 80 of Advocates Act CAP 16: Betrayal of trust
  

  Any person who, being an advocate, is entrusted in his professional capacity with any money, valuable security or other property to retain it in safe custody with instructions to pay or apply it for any purpose in connection with his duty as an advocate fails to pay, apply or account for the same...

  
  
• 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...

  
  
• Section 82 of Advocates Act CAP 16: 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 for a specified beneficiary) incur any liability or be under any obligation to make an inquiry, or be...

  
  
• Section 83 of Advocates Act CAP 16: 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 proceedings.

  
  
• Section 84 of Advocates Act CAP 16: 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 by the Registrar to the Society, and those fees together with the fees for practising certificates...

  
  
• Section 85 of Advocates Act CAP 16: 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 term not exceeding two years or both. (2) Any advocate who is guilty of an offence under this Act...

  
  
• Section 86 of Advocates Act CAP 16: 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 transitional provisions set out in the Second Schedule to this Act shall have effect on the repeal of the...