Members of the public who have complaints against advocates have been urged to report them to the Advocates Complaints Commission (ACC) for investigation and possible recovery of funds.
ACC chairman Moses Cheboi said the commission has helped many clients recover money that had been withheld or delayed by advocates while also taking disciplinary action against lawyers found to have breached professional standards.
Speaking during a public sensitisation forum in Murang’a, Cheboi said the commission received 1,181 complaints against advocates last year, with some of the cases still under investigation or resolution.
He said the commission had, over the past two years, facilitated the recovery of more than Sh120 million from advocates who had failed to release money owed to their clients.
“The commission has a mandate to investigate complaints raised by members of the public against advocates and seek to resolve them through mediation or disciplinary action where necessary,” Cheboi said.
He urged advocates to handle their clients’ affairs with transparency, accountability and professionalism, noting that lawyers hold positions of trust when dealing with clients’ money and legal matters.
Cheboi said the number of complaints being lodged against advocates remained relatively small compared with the overall number of lawyers practising in the country.
He said Kenya has more than 25,000 advocates, while about 1,400 had been reported to the commission, an indication that most lawyers were conducting their work within the required professional and ethical standards.
“We have more than 25,000 advocates in the country, but the number currently reported to us is about 1,400. This means that a big number of advocates are working within the stipulated code of conduct,” he said.
ACC Commissioner Patrick Maina said clients have a right to receive professional and ethical services from advocates and should not remain silent when their rights are violated.
Maina said lawyers were expected to safeguard clients’ interests and account for money received on their behalf, adding that clients should seek assistance whenever they believe an advocate has mishandled their case or funds.
“The public has a right to be served ethically and professionally by advocates. No advocate should disappear with a client’s money or mishandle a client’s case,” Maina said.
He attributed the recent reduction in complaints to improved professionalism among advocates, while encouraging members of the public to continue reporting cases of misconduct.
Maina said the commission has established complaint desks at Huduma Centres across the country, making it easier for members of the public to lodge complaints without necessarily having to travel to its main offices.
Commissioner Mueni Kalola, an advocate of the High Court, reminded lawyers that they take an oath to uphold the law and serve their clients diligently.
She said advocates must protect the integrity of the legal profession by observing ethical standards and treating clients with honesty, diligence and integrity.
“It is our duty as advocates to conduct ourselves ethically and serve our clients with diligence, truth and integrity. We must ensure that we do not engage in misconduct and give members of the public a bad impression of the profession,” Kalola said.
She noted that although cases of professional misconduct involving lawyers occasionally arise, they should not be used to judge the entire legal profession, saying the majority of advocates conduct themselves professionally.
The ACC is mandated to receive and investigate complaints against advocates and undertake appropriate action, including mediation and disciplinary proceedings, depending on the nature of a complaint.
The commission was established in 1989 and operates under the Office of the Attorney General, as part of mechanisms for addressing grievances arising from professional conduct by advocates.
Members of the public were encouraged to retain documentation relating to their legal matters, including receipts, agreements, correspondence and other records, as such evidence can assist in the investigation and resolution of complaints.
By Bernard Munyao and Purity Mugo
