AG Muigai to publish names of 32 rogue lawyers

What you need to know:

  • A statement from Attorney-General Githu Muigai, issued on Wednesday, stated that the list to be published in the official Kenya Gazette includes 32 lawyers facing suspension and those who have been struck off the Roll of Advocates for professional misconduct.
  • The list, the statement said, was compiled by the Advocates Complaints Commission (ACC), which handles complaints relating to professional misconduct in the legal industry.
  • Various acts that can lead to judgements of professional misconduct include breach of client confidentiality, misappropriation of client money and undercutting or charging less than what is prescribed by law in the Advocates Remuneration Act.

A list of rogue lawyers will be published on Friday.

A statement from Attorney-General Githu Muigai, issued on Wednesday, stated that the list to be published in the official Kenya Gazette includes 32 lawyers facing suspension and those who have been struck off the Roll of Advocates for professional misconduct.

The list, the statement said, was compiled by the Advocates Complaints Commission (ACC), which handles complaints relating to professional misconduct in the legal industry.

The list was handed to Prof Muigai by ACC Secretary James Marienga last Friday.

“The names of disgraced advocates facing suspension and those who have been struck off the Roll of Advocates are expected to be published in the gazette notice due on January 20, 2017,” the statement said.

PUBLIC OUTCRY

It explained that the decision to publish the names follows a public outcry about the rising number of rogue advocates who have continued to fleece members of the public while putting the legal profession in disrepute.

“Disciplinary action taken against an advocate emanates from evidence of gross professional misconduct as reported by complainants to, received and reviewed by the Advocates Complaints Commission,” the statement stated.

The ACC investigates complaints against advocates and provides guidance leading to reconciliation of the disputing parties.

It also makes referrals of complaints and prosecuting disciplinary actions before the Disciplinary Committee.

The commission further ensures that advocates conduct themselves in a professionally acceptable manner as stipulated by the code of conduct.

PUNISHABLE ACTIONS

Various acts that can lead to judgements of professional misconduct include breach of client confidentiality, misappropriation of client money and undercutting or charging less than what is prescribed by law in the Advocates Remuneration Act.

Other instances that can lead to disciplinary action include bankruptcy and grave offences committed when an advocate is convicted of murder or manslaughter.

The effect of disciplinary action is that those listed are not allowed to practice law.

They cannot represent clients nor can they appear in a court of law anywhere in the country without the express authority of the Registrar of the High Court.

The only reprieve for disgraced advocates is that they can be sought for legal advice by employers but only after disclosing that they have been struck off the roll of advocates.

According to the Advocates Act, it is an offence to fail to disclose that one has been struck off the roll and this attracts a fine not exceeding Sh50,000 or imprisonment for a term not exceeding two years or both.