1. What is the difference between a lawyer and an advocate in Kenya?
In Kenya, “lawyer” and “advocate” are frequently used synonymously, yet they are also not interchangeable for lawyers in the legal system. Here are the key differences:
Definition of a Lawyer
A lawyer is a term that generally refers to a person who has been trained and qualified in law. Anyone who has finished a law course (Bachelor of Laws, LL.B) is educated in law.
Lawyers can render legal advice, prescribe documents and perform other legal actions. Nevertheless, they are not allowed to represent clients in court without signing a roll of advocates.
Definition of an Advocate
An advocate is a particular legal professional who has received specialised additional training and has been admitted to the bar.
According to the Advocates Act, an advocate is defined as a person whose name is duly entered upon the roll if advocates.
They are licensed to represent clients in court cases as officers of the court. Advocates must obtain a Postgraduate Diploma in Law from the Kenya School of Law, pass the bar, and sign the role of advocates.
They are also members of the Law Society of Kenya upon signing the roll of advocates in Kenya.
Advocates must obtain an annual practicing certificate from the Law Society of Kenya (LSK) confirming they are authorized to represent clients in court.
2. How Do I Become a practicing Lawyer in Kenya?
Becoming a lawyer in Kenya is a journey that includes the following key stages.
Step 1: Secondary Education
Complete secondary school and secure a Kenya Certificate of Secondary Education (KCSE) with a minimum C+ grade and B in English language.
Step 2: Pursue a Law Degree
Enroll in a recognized university by the Council of Legal Education (CLE) and obtain a Bachelor of Laws (LL.B) degree, which usually requires four years.
Step 3: Postgraduate Legal Training
Upon completing an LL.B., one must undertake the advocates training programme (ATP) at the Kenya School of Law. At the Kenya School of Law, the programme focuses on Key areas of study including:
- Civil Litigation
- Criminal Litigation
- Probate and Administration
- Legal Writing and Drafting
- Trial Advocacy
- Professional Ethics and Practice
- Legal Practice Management
- Conveyancing
- Commercial Transactions
Step 4: Pupillage
As a student at the Kenya School of Law, one must serve a mandatory 6-month pupillage under a qualified advocate with at least 5 years of practice.
During this period, you must work under supervision, gaining real-world experience in legal practice.
Step 5: Admission to the Bar as an Advocate
After completing your pupillage, you must petition the chief justice for admission to the bar.
The petition included an application accompanied by the necessary documentation, including proof of having completed your education from the Council of Legal Education, a certificate of good moral character from practicing advocates and the requisite fee.
Once the application is successful, you will be gazetted, and a formal ceremony for your candidature as an advocate will be conducted, during which you will take an oath of office as an advocate of the High Court of Kenya.
Step 6: Membership in the Law Society of Kenya (LSK)
Once admitted as advocates, they join the Law Society of Kenya, established by law for members of the legal profession.
Members must obtain an annual practising certificate from the Law Society of Kenya, which is necessary to practice law.
The society ensures that members remit membership fees and receive continued legal education.
Step 7: Gain Practical Experience
Upon joining the Law Society of Kenya, an advocate is expected to engage in ongoing legal education to keep abreast with legal changes and meet the ethical standards required to practice law effectively.
Members must also demonstrate high moral character, integrity and impartiality, which is crucial as court officers.
Step 8: Continuous Professional Development
Continuous professional development for advocates in Kenya is structured training to maintain and enhance members’ professional skills, knowledge, and ethical standards.
Advocates must participate in renewing their practicing certificate and are expected to have obtained 5 points during each practicing year as per the regulation.
The Law Society of Kenya organizes numerous seminars, trainings, and workshops on various legal topics across the county.
This is to ensure advocates have access to CPD events each calendar year to enable members to register and be awarded points.
3. How long does it take to become an advocate in Kenya?
Being an advocate in Kenya typically takes at least five to six years. Here’s a breakdown of the timeline:
Secondary Education (4 years)
One must first complete secondary school (which, on average, lasts four years). A minimum grade of C+ is to be obtained in the Kenya Certificate of Secondary Education (KCSE).
Undergraduate Law Degree (4 Years)
You will register to study for a Bachelor of Laws degree at the end of secondary school. This program takes four years to complete.
Kenya School of Law (1 year 6 months)
When you have your LL.B degree, you must study for a Kenya School of Law Postgraduate diploma in law, which takes approximately 18 months. This includes six months of practical training known as pupillage.
Typically this comes to around five to six years after secondary school to qualify as a fully‐fledged advocate of the High Court of Kenya, considering there is also a period where one must also petition the chief justice to consider their application to sign the roll of advocates.
4. Can a Foreign Lawyer Practice In Kenya?
Foreign lawyers are allowed to practice in Kenya, but there are conditions that they need to fulfil. The following are the main qualifications of foreign lawyers to practice in Kenya:
Academic Qualifications
The Foreign must possess a law degree (LL.B) from a recognized university by the Council of Legal Education. The council will then assess to ensure the degree meets the Kenyan standards of legal practice.
Upon review of the foreigner, the council may either recommend remedial training, Advocates Training Program (ATP) or accept additional education like an LL.M in lieu of the requirement.
Registration
Following the recognition, foreigners must petition the chief justice for admission as an advocate of the High Court with the necessary documents, including character references and proof of legal practice from their home country.
With this registration, they can exercise their profession in Kenya, but they might be exempt from specific fields or legal tasks.
Foreign advocates must also register with the Law Society of Kenya to continue practicing law in Kenya.
Local Law Knowledge
Foreign solicitors may be asked to prove an understanding of Kenyan legislation, especially if they will appear in court for representation.
This could involve passing exams or completing additional training to meet equivalent criteria the Legal Education Council sets.
Collaboration with Local Advocates
In many cases, foreign lawyers may need to work with local lawyer in Kenya or advocates who are fully qualified to practice in Kenya, especially when dealing with court matters.
There is an ongoing discussion about opening up the legal market to foreign lawyers owing to the growth in international business.
The move underscores Kenya’s progressive approach to balance between fostering a global legal environment and protecting professional interests.
5. Can a paralegal become a practicing lawyer in Kenya?
Yes, a paralegal in Kenya can be a practicing lawyer in Kenya. They are required to go through the education requirement by meeting the required grades.
They also have to obtain a bachelor of laws degree from an accredited university.
They should complete the advocates training program and petitioning the chief justice.
These are requirements to be admitted as an advocate of the high court of Kenya to practice as an advocate.
6. How much is a practicing lawyer paid in Kenya?
Lawyer’s pay in Kenya is significantly influenced by the lawyer’s experience level, field of law, and whether the lawyer is employed in the public or private sector.
However, the advocate’s remuneration order sets out the structured fee scale for legal services advocates provide.
As professionals, advocates are guided by what is prescribed by the order to prevent undermining the profession’s integrity.
The subject matter informs the fee notes. For instance, the fees depend on the property value in conveyancing cases.
The advocate charges a percentage based on the schedule, which reduces as the value increases.
This also ensures that the system for legal fees is transparent and predictable while allowing flexibility in exceptional circumstances or judicial discretion during taxation.
7. How do you get a practicing lawyer in Kenya?
To get a lawyer in Kenya, you can ask for recommendations from friends, family, or colleagues who have used legal services.
You can also search online for law firms or individual lawyers who specialise in the area of law you need help with.
It is also important whether the person is legally allowed to practice law in Kenya through the advocate’s online search engine, which maintains data for all advocates on the roll in Kenya.
The Law Society of Kenya has a directory of registered advocates, which can be helpful. Once you find a reputable practising lawyer in Kenya, contact them to discuss your case and ask about their fees.
Choosing a lawyer you feel comfortable with and who understands your legal needs is essential. Your selection of the right lawyer in Kenya can significantly impact the outcome of your legal matter.
8. Can a Kenyan Lawyer work in the USA?
Yes, a Kenyan lawyer is legally allowed to work in the USA, but there are particular procedures they need to take.
To begin with, their legal qualifications must be checked to conform to the requirements of the state in which they wish to operate.
Most states demand that foreign lawyers meet the bar exam; the U.S. bar exam probes the lawyer’s understanding of U.S. law and procedure.
In certain states, foreign law practitioners can take an additional or a second bar exam.
They need to present a certificate of completion or an education certificate from a law school in the United States and have a recognised professional law degree and related work experience.
In other states, foreign law practitioners must obtain a second law degree from an American law school before taking the bar exam.
Further, attorneys in this context must comply with all other state-specific requirements, including character fitness examinations.
After the above steps are followed, a lawyer in Kenya can legally practice law in the United States.
Conclusion
Jurisdictional navigation can be daunting, whether you want to know how to practice law, what career options might be available, or require a lawyer’s guidance.
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