Most client relationships with advocates end without incident, but the profession is regulated precisely so that the exceptions can be addressed. If an advocate has been dishonest, neglected a matter, misheld your money or charged without basis, Kenya has a defined complaints process under the Advocates Act.
What conduct justifies a complaint against an advocate?
- Dishonest or fraudulent conduct, including misappropriation of client funds
- Failure to account for money received on a client’s behalf
- Neglect or unexplained delay that prejudices a matter
- Acts of professional misconduct, such as conflicts of interest or breach of confidence
- Charges that exceed what the retainer or the applicable remuneration framework permits
- Conviction for an offence that raises questions about fitness to practise
Where is the complaint lodged?
Complaints of professional misconduct are handled within the structure created by the Advocates Act, available on Kenya Law. A complaint is lodged with the Advocates Complaints Commission, which investigates and may refer serious cases to the Advocates Disciplinary Tribunal, with sanctions ranging from reprimand to removal from the Roll. The Law Society of Kenya also assists complainants with guidance on the process. Separately, compensation for negligent work is a civil claim in the ordinary courts, and a disputed bill may be referred for taxation , the formal assessment of an advocate’s charges.
What should a complaint contain?
- The full names and addresses of both the advocate and the complainant
- A short chronology: what was instructed, what was done, what went wrong, and when
- The engagement letter, fee notes, receipts and any relevant correspondence
- What outcome you seek , restitution of funds, a reprimand, referral to the Tribunal, or taxation of a bill
Documented complaints move faster than general grievances, and the papers assembled often serve a later civil claim.
A closing thought on standards
The complaints system exists to protect the public, and clients should not hesitate to use it where warranted. Most disputes, though, are prevented by early communication about expectations , our about page sets out how we agree scope and fees in writing, and our practice areas page describes our work.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.