Githu seeks to review lawyers' fees

Attorney-General Githu Muigai wants to make justice more affordable to the public through the review of a law that sets lawyers’ fees.

The Advocates Remuneration Order has made it possible for lawyers to demand as much as Sh1 billion in a single case, depending on what is at stake.

“We owe Kenyans affordable justice in terms of lawyers’ fees otherwise they will lose confidence in us,” said Prof Githu on Thursday at the launch of the Enhanced Service Delivery Initiatives at Milimani Law Courts in Nairobi.

However, Mr Allen Gichuhi, a prominent lawyer who sits on the Advocates Remuneration Committee of the Law Society of Kenya, said the suggestion by the Attorney-General would affect the quality of professional legal services.

He said Kenyan lawyers charge competitive fees that are set after consultations with various stakeholders and are moderated by the Chief Justice.

The initiative comprises an automated transcription system, electronic court diary and a public information centre.

High Court Judge Fred Ochieng, of the commercial division, said the system will enhance transparency and efficiency. It will also curb cases of missing files that have frustrated efforts to dispense with cases in reasonable time.

Last month, the Judiciary began using mediation to solve disputes in the family and commercial divisions of the High Court.

Court of Appeal Judge Alnashir Visram said mediation has enabled most countries to reduce the number of cases in court by half.

“In mediation, there are no winners or losers. Parties decide the way forward and the solution comes from them,” said Justice Visram.

There are no costs for parties using mediators as they will be employees of the Judiciary.

If no agreement is reached, the case is then referred back to the court. Approximately 100 files have been identified for mediation.