## Table of Contents

1. Introduction
2. Definition of a Lawyer
3. Definition of an Advocate
4. Key Differences between a Lawyer and an Advocate
5. Conclusion

## Introduction

This response will delve into the distinction between a "lawyer" and an "advocate" in the context of Kenyan law. While these terms are often used interchangeably, there are subtle but significant differences that are crucial to understand.

## 2. Definition of a Lawyer

The term "lawyer" is a broad term that encompasses anyone who practices law. This definition is not explicitly defined in the Kenyan legal framework. However, it is generally understood to include individuals who have obtained a law degree and are qualified to provide legal advice and representation.

## 3. Definition of an Advocate

An "advocate" is a specific type of lawyer who is authorized to represent clients in court. This definition is explicitly outlined in the **Advocates Act, Cap 16**, which governs the legal profession in Kenya. 

**Section 2 of the Advocates Act, Cap 16** defines an advocate as:

> "any person whose name is entered on the roll of advocates kept by the Council."

This means that an advocate is a lawyer who has been admitted to the bar and is licensed to practice law in Kenya.

## 4. Key Differences between a Lawyer and an Advocate

The primary difference between a lawyer and an advocate lies in their **authority to represent clients in court**. While all lawyers are qualified to provide legal advice, only advocates are authorized to appear in court and represent clients in legal proceedings.

**Here are some key differences:**

* **Court Representation:** Only advocates can represent clients in court. Lawyers who are not advocates can provide legal advice but cannot appear in court on behalf of clients.
* **Legal Profession:** Advocates are members of the **Law Society of Kenya (LSK)**, which is the professional body that regulates the legal profession in Kenya. Lawyers who are not advocates may not be members of the LSK.
* **Licensing:** Advocates are licensed by the **Council of Legal Education (CLE)**, which is the body responsible for regulating legal education and training in Kenya. Lawyers who are not advocates may not be licensed by the CLE.
* **Professional Conduct:** Advocates are bound by the **Code of Conduct for Advocates**, which sets out ethical standards and rules of professional conduct. Lawyers who are not advocates may not be subject to the same code of conduct.

## 5. Conclusion

In conclusion, while the terms "lawyer" and "advocate" are often used interchangeably, there is a distinct difference between the two. An advocate is a licensed lawyer who is authorized to represent clients in court, while a lawyer may provide legal advice but cannot appear in court. This distinction is crucial for understanding the legal profession in Kenya and the rights and responsibilities of legal professionals.


### Introduction

In the Kenyan legal system, the terms "lawyer" and "advocate" are often used interchangeably, but they have distinct meanings and roles. Understanding the difference between these two terms is crucial for anyone navigating the legal landscape in Kenya. This explanation will delve into the definitions, qualifications, roles, and responsibilities of both lawyers and advocates in Kenya, referencing relevant laws and regulations.

### Table of Contents

1. Definitions
    - 1.1 Lawyer
    - 1.2 Advocate
2. Qualifications and Admission
    - 2.1 Educational Requirements
    - 2.2 Professional Training
    - 2.3 Admission to the Bar
3. Roles and Responsibilities
    - 3.1 Lawyer
    - 3.2 Advocate
4. Regulatory Bodies
    - 4.1 Law Society of Kenya (LSK)
    - 4.2 Advocates Complaints Commission
5. Legal Framework
    - 5.1 The Advocates Act
    - 5.2 The Legal Education Act
6. Conclusion

### 1. Definitions

#### 1.1 Lawyer

A lawyer is a general term that refers to anyone who has a legal education and is qualified to offer legal advice. In Kenya, a lawyer is someone who has completed a law degree but may not necessarily be admitted to the bar to practice as an advocate.

#### 1.2 Advocate

An advocate, on the other hand, is a lawyer who has been admitted to the bar and is authorized to represent clients in court. In Kenya, the term "advocate" is specifically used for those who have met the requirements set by the Law Society of Kenya (LSK) and have been admitted to the bar.

### 2. Qualifications and Admission

#### 2.1 Educational Requirements

- **Lawyer**: To become a lawyer in Kenya, one must obtain a Bachelor of Laws (LL.B) degree from a recognized university. This is the foundational educational requirement for anyone wishing to enter the legal profession.
  
- **Advocate**: In addition to obtaining an LL.B degree, an individual must also complete a Postgraduate Diploma in Law from the Kenya School of Law (KSL). This diploma is essential for those who wish to be admitted to the bar and practice as advocates.

#### 2.2 Professional Training

- **Lawyer**: After obtaining an LL.B degree, a lawyer may choose to work in various legal capacities, such as legal advisors, consultants, or in-house counsel for corporations. They are not required to undergo further professional training unless they wish to become advocates.
  
- **Advocate**: To become an advocate, one must undergo a period of pupillage, which is a form of apprenticeship under a practicing advocate. This period usually lasts six months and provides practical training in legal practice.

#### 2.3 Admission to the Bar

- **Lawyer**: Lawyers are not required to be admitted to the bar to offer legal advice or work in non-litigation roles.
  
- **Advocate**: Admission to the bar is a formal process that involves passing the bar examination administered by the Kenya School of Law and being admitted to the roll of advocates by the Chief Justice of Kenya. This process is governed by the Advocates Act (Cap 16 of the Laws of Kenya).

### 3. Roles and Responsibilities

#### 3.1 Lawyer

- **Legal Advice**: Lawyers can offer legal advice to clients on various matters, including contracts, property, and corporate law.
- **Drafting Documents**: They can draft legal documents such as wills, contracts, and agreements.
- **Consultancy**: Lawyers can work as legal consultants for businesses and organizations, providing guidance on compliance and regulatory issues.

#### 3.2 Advocate

- **Court Representation**: Advocates have the exclusive right to represent clients in court. They can appear in all levels of courts, from magistrates' courts to the Supreme Court of Kenya.
- **Litigation**: Advocates handle litigation matters, including filing lawsuits, defending clients, and conducting trials.
- **Legal Opinions**: They provide formal legal opinions on complex legal issues, which can be used in court or for other legal purposes.

### 4. Regulatory Bodies

#### 4.1 Law Society of Kenya (LSK)

The Law Society of Kenya (LSK) is the professional body that regulates the conduct of advocates in Kenya. It ensures that advocates adhere to the highest standards of professional ethics and conduct. The LSK also provides continuous legal education to its members.

#### 4.2 Advocates Complaints Commission

The Advocates Complaints Commission is a statutory body established under the Advocates Act to handle complaints against advocates. It investigates allegations of professional misconduct and can recommend disciplinary action against advocates found guilty of such conduct.

### 5. Legal Framework

#### 5.1 The Advocates Act

The Advocates Act (Cap 16 of the Laws of Kenya) is the primary legislation governing the admission, practice, and discipline of advocates in Kenya. It outlines the qualifications required to become an advocate, the process of admission to the bar, and the code of conduct for advocates.

#### 5.2 The Legal Education Act

The Legal Education Act (No. 27 of 2012) governs legal education in Kenya. It establishes the Council of Legal Education, which is responsible for accrediting legal education institutions and ensuring that they meet the required standards. The Act also outlines the curriculum for legal education and the requirements for obtaining a legal education qualification.

### Conclusion

In summary, while the terms "lawyer" and "advocate" are often used interchangeably, they have distinct meanings and roles in the Kenyan legal system. A lawyer is anyone with a legal education who can offer legal advice and draft legal documents, while an advocate is a lawyer who has been admitted to the bar and is authorized to represent clients in court. The qualifications, roles, and regulatory frameworks for lawyers and advocates are clearly outlined in the Advocates Act and the Legal Education Act. Understanding these differences is crucial for anyone seeking legal services or considering a career in law in Kenya.

## Difference Between a Lawyer and an Advocate in Kenya

In Kenya, the terms "lawyer" and "advocate" are often used interchangeably, but there is a distinct difference between the two. While both are legal professionals, their roles and abilities within the legal system differ significantly.

### 1. Definition and Qualifications

* **Lawyer:** A lawyer is a person who has successfully completed a Bachelor of Laws (LLB) degree from a recognized university in Kenya. They have a comprehensive understanding of legal principles and can provide legal advice and draft legal documents. However, they are not authorized to represent clients in court.
* **Advocate:** An advocate is a lawyer who has been admitted to the bar by the Law Society of Kenya (LSK). They have undergone additional training and qualifications, including a period of pupillage under a senior advocate, and are authorized to represent clients in court.

### 2. Roles and Responsibilities

* **Lawyer:** Lawyers can offer legal advice, draft legal documents, conduct legal research, and provide legal opinions. They can also act as mediators or arbitrators in resolving disputes.
* **Advocate:** Advocates are primarily responsible for representing clients in court proceedings. They argue cases before judges, present evidence, and advocate for their clients' interests. They can also draft legal documents, conduct legal research, and provide legal advice.

### 3. Scope of Practice

* **Lawyer:** Lawyers can practice law in various fields, including corporate law, family law, criminal law, and intellectual property law. They can work in private practice, government agencies, or non-profit organizations.
* **Advocate:** Advocates are primarily regulated by the LSK and are authorized to practice law only in Kenya. They can work in private practice, government agencies, or non-profit organizations.

### 4. Court Representation

* **Lawyer:** Lawyers cannot represent clients in court. They can only provide legal advice and draft legal documents.
* **Advocate:** Advocates are the only legal professionals authorized to represent clients in court. They have the right to appear before all courts in Kenya, including the High Court, Court of Appeal, and Supreme Court.

### 5. Professional Conduct

* **Lawyer:** Lawyers are bound by the same ethical rules and regulations as advocates. They must maintain confidentiality, act with integrity, and uphold the principles of justice.
* **Advocate:** Advocates are subject to the Advocates Act, which sets out the ethical rules and regulations governing their conduct. They are also subject to the disciplinary jurisdiction of the LSK.

### 6. Case Laws

**Case Law 1:** *Naphatali Radier versus D.Njogu & Co Advocates*

* **Parties:** Naphatali Radier (Plaintiff) and D.Njogu & Co Advocates (Defendant)
* **Outcome:** The court held that an advocate is obliged in law as an officer of the court to honor his professional undertaking.
* **Relevance:** This case highlights the importance of professional conduct and ethical obligations for advocates in Kenya.

**Case Law 2:** *Muite versus The Attorney General*

* **Parties:** Muite (Applicant) and The Attorney General (Respondent)
* **Outcome:** The court held that an advocate can only appear in court to urge his client's matter and cannot swear to facts which he is not able of his own knowledge to prove.
* **Relevance:** This case clarifies the scope of an advocate's role in court proceedings and the limitations on their ability to provide evidence.

### 7. Conclusion

In summary, the key difference between a lawyer and an advocate in Kenya lies in their ability to represent clients in court. While both are legal professionals with a comprehensive understanding of the law, only advocates are authorized to appear before courts and advocate for their clients' interests.

### TLDR

In Kenya, a lawyer can provide legal advice and draft legal documents, but cannot represent clients in court. An advocate is a lawyer who has been admitted to the bar and is authorized to represent clients in court.

### Sources:

- [Difference Between an Advocate And a Lawyer In Kenya - Victor Matara](https://victormatara.com/difference-between-an-advocate-and-a-lawyer-in-kenya/)
- [10 Differences Between an Advocate And a Lawyer In Kenya](https://www.nairobiminibloggers.com/difference-between-an-advocate-and-a-lawyer/)
- [Differences between a lawyer and an advocate in Kenya](https://advocategetter.com/news/lawyer-vs-advocate/)
- [Advocate vs Lawyer | Legal Glossary | Legal Link](https://legallink.ke/legal-glossary/advocate-vs-lawyer-legal-glossary.html)
- [Types of Lawyers in Kenya– The Top 18 Law Practices](https://insights.advocates.ke/types-of-lawyers-in-kenya-the-top-18-law-practices/)
- [Difference Between a Lawyer and an Advocate in Kenya](https://www.jambodaily.com/difference-between-a-lawyer-and-an-advocate-in-kenya/)
- [What it Takes to Be a Lawyer and Advocate of High Court of Kenya: "5 ...](https://www.tuko.co.ke/editorial/explainer/496542-what-takes-a-lawyer-advocate-high-court-kenya/)
- [ADVOCATES PRACTICING MANUAL - University of Nairobi](https://law.uonbi.ac.ke/sites/default/files/2020-09/SIMPLIFIED-MANUAL-FOR-THE-EAST-AFRICA-COURT-OF-JUSTICE.pdf)
- [The Kenyan guide to becoming an advocate - Varsity Scope](https://www.varsityscope.com/2021/03/the-kenyan-guide-to-becoming-advocate.html)
- [For The Public - The Law Society of Kenya](https://lsk.or.ke/public-resources/)
- [CAP. 21 - Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%2021)
- [The Laws of Kenya - Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)
- [CAP. 21 - Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2021)
- [CAP. 75 - Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%2075)
- [CAP. 39 - Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2039)
- [Advocate - Wikipedia](https://en.wikipedia.org/wiki/Advocate)
- [Barrister - Wikipedia](https://en.wikipedia.org/wiki/Barrister)
- [Lawyer - Wikipedia](https://en.wikipedia.org/wiki/Lawyer)
- [Home | Bowmans](https://bowmanslaw.com/)
- [Jurist - Wikipedia](https://en.wikipedia.org/wiki/Jurist)
- [Is it time to review the professional undertaking rules?](https://www.businessdailyafrica.com/bd/opinion-analysis/ideas-debate/is-it-time-to-review-the-professional-undertaking-rules--1974214)
- [Alternative dispute resolution in Kenya - Bowmans Law](https://bowmanslaw.com/wp-content/uploads/2016/08/george-and-sean-ADR-article.pdf)
- [Attorneys in South Africa - Wikipedia](https://en.wikipedia.org/wiki/Attorneys_in_South_Africa)
- [John Khaminwa: My 53 years as a lawyer and why I don't own a ... - Nation](https://nation.africa/kenya/news/john-khaminwa-53-years-as-lawyer-smartphone-4379216)
- [Lawyer vs Advocate : Understanding The Distinctions & Roles](https://thelegalstories.com/lawyer-vs-advocate/)
- [Differences Between Lawyers and Advocates With Their ... - ClearTax](https://cleartax.in/s/differences-between-lawyers-and-advocates)
- [Lawyer Vs. Advocate: Key Differences And Similarities - Indeed](https://in.indeed.com/career-advice/finding-a-job/lawyer-vs-advocate)
- [Lawyer vs Advocate: Difference Between Lawyer and Advocate](https://www.upgrad.com/blog/lawyer-vs-advocate/)
- [Difference Between Lawyer and Advocate - BYJU'S](https://byjus.com/free-ias-prep/difference-between-lawyer-and-advocate/)
- [ADVOCATES ACT - Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/A/Advocates%20Act%20Cap.%2016%20-%20No.%2018%20of%201989/docs/AdvocatesAct18of1989.pdf)
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- [EMPLOYMENT AND LABOUR RELATIONS COURT ACT](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/E/Employment%20and%20Labour%20Relations%20Court%20Cap%20234B/subsidiary%20legislation/docs/EmploymentandLabourRelationsCourtActNo20of2011_subsidiary.pdf)
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- [LABOUR RELATIONS ACT - Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/L/Labour%20Relation%20Act%20Cap.%20233%20-%20No.%2014%20of%202007/docs/LabourRelationAct14of2007.pdf)
- [Civil Appli 354 of 2004 (UR.183/04) - Kenya Law](https://kenyalaw.org/caselaw/cases/view/40148)
- [Miscellaneous Criminal Revision 042 of 2022 - Kenya Law](https://kenyalaw.org/caselaw/cases/view/251723/)
- [Criminal Appeal E072 of 2023 - Kenya Law](https://kenyalaw.org/caselaw/cases/view/295189/)
- [Land Case E007 of 2024 - Kenya Law](https://kenyalaw.org/caselaw/cases/view/292124/)
- [Judicial Review E013 of 2022 - Kenya Law](https://kenyalaw.org/caselaw/cases/view/231732/)
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## Introduction

In Kenya, the terms "lawyer" and "advocate" are often used interchangeably, but they refer to distinct roles within the legal profession. Understanding the differences between these two roles is crucial for anyone seeking legal assistance or considering a career in law. This article will delve into the distinctions between a lawyer and an advocate in Kenya, covering their qualifications, roles, responsibilities, and the legal framework governing their practice.

## Table of Contents

1. Definitions
2. Qualifications and Training
3. Roles and Responsibilities
4. Legal Framework
5. Case Laws and Legal Precedents
6. Conclusion
7. TLDR

## 1. Definitions

### Lawyer

A lawyer is a person who has successfully completed a Bachelor of Laws (LLB) degree from a recognized university. Lawyers are qualified to provide legal advice, draft legal documents, and conduct legal research. However, they are not authorized to represent clients in court unless they have been admitted to the bar as advocates.

### Advocate

An advocate is a lawyer who has been admitted to the bar and is licensed to practice law in Kenya. Advocates have the additional qualification of being able to represent clients in court. They are also authorized to perform all the functions of a lawyer, including providing legal advice, drafting documents, and conducting research.

Sources:
- [Victor Matara](https://victormatara.com/difference-between-an-advocate-and-a-lawyer-in-kenya/)
- [Legal Link](https://legallink.ke/legal-glossary/advocate-vs-lawyer-legal-glossary.html)

## 2. Qualifications and Training

### Lawyer

To become a lawyer in Kenya, one must:
1. Obtain a Bachelor of Laws (LLB) degree from a recognized university.
2. Complete the Advocates Training Program (ATP) at the Kenya School of Law.
3. Pass the bar examinations administered by the Council of Legal Education.

### Advocate

In addition to the qualifications required to become a lawyer, an advocate must:
1. Complete a six-month pupillage under the supervision of a practicing advocate.
2. Be admitted to the bar by the Chief Justice of Kenya.
3. Be enrolled in the Roll of Advocates maintained by the Law Society of Kenya.

Sources:
- [Nairobi Mini Bloggers](https://www.nairobiminibloggers.com/difference-between-an-advocate-and-a-lawyer/)
- [Tuko](https://www.tuko.co.ke/editorial/explainer/496542-what-takes-a-lawyer-advocate-high-court-kenya/)

## 3. Roles and Responsibilities

### Lawyer

- **Legal Advice**: Lawyers provide legal advice to clients on various matters, including business transactions, property issues, and family law.
- **Document Drafting**: They draft legal documents such as contracts, wills, and deeds.
- **Legal Research**: Lawyers conduct legal research to support their advice and document drafting.

### Advocate

- **Court Representation**: Advocates represent clients in court, presenting arguments and evidence on their behalf.
- **Legal Advice**: Like lawyers, advocates also provide legal advice.
- **Document Drafting**: Advocates draft legal documents, including pleadings and affidavits.
- **Commissioning Documents**: Advocates can commission documents, making them legally binding.

Sources:
- [Advocate Getter](https://advocategetter.com/news/lawyer-vs-advocate/)
- [Judiciary of Kenya](https://judiciary.go.ke/advocates/)

## 4. Legal Framework

### Advocates Act (Cap 16)

The Advocates Act is the primary legislation governing the practice of advocates in Kenya. It outlines the qualifications for admission, the duties and responsibilities of advocates, and the disciplinary measures for professional misconduct.

### Legal Education Act

This Act governs the legal education system in Kenya, including the accreditation of law schools and the administration of bar examinations.

### Law Society of Kenya Act

The Law Society of Kenya (LSK) is the professional body for advocates in Kenya. The LSK Act outlines the functions and powers of the society, including the regulation of the legal profession and the maintenance of the Roll of Advocates.

Sources:
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%2021)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2015)

## 5. Case Laws and Legal Precedents

### Naphatali Radier vs. D. Njogu & Co Advocates

In this case, the court held that an advocate is obliged by law to honor their professional undertakings. This case underscores the ethical responsibilities of advocates in their professional conduct.

### Canuk Holdings Limited vs. Patrick Lutta T/A Lutta & Company Advocates

This case involved a dispute over professional conduct and highlighted the importance of adherence to the Advocates Act and the rules of professional ethics.

### Ngao Credit Limited vs. Abel Bahati Kitsao

This case emphasized the role of advocates in representing clients in court and the legal obligations they must fulfill in the course of their duties.

Sources:
- [Business Daily Africa](https://www.businessdailyafrica.com/bd/opinion-analysis/ideas-debate/is-it-time-to-review-the-professional-undertaking-rules--1974214)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/251825/)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/295010/)

## Conclusion

In summary, while both lawyers and advocates play crucial roles in the Kenyan legal system, their qualifications, roles, and responsibilities differ significantly. Lawyers provide legal advice, draft documents, and conduct research, but they cannot represent clients in court unless they are admitted as advocates. Advocates, on the other hand, have the additional qualification of being able to represent clients in court and perform all the functions of a lawyer.

Understanding these distinctions is essential for anyone seeking legal assistance or considering a career in law in Kenya. The legal framework, including the Advocates Act, the Legal Education Act, and the Law Society of Kenya Act, provides a comprehensive guide to the qualifications, roles, and responsibilities of lawyers and advocates in Kenya.

## TLDR

In Kenya, a lawyer is someone who has completed an LLB degree and can provide legal advice and draft documents, while an advocate is a lawyer who has been admitted to the bar and can represent clients in court. The Advocates Act, Legal Education Act, and Law Society of Kenya Act govern their practice.

Sources:
- [Victor Matara](https://victormatara.com/difference-between-an-advocate-and-a-lawyer-in-kenya/)
- [Legal Link](https://legallink.ke/legal-glossary/advocate-vs-lawyer-legal-glossary.html)
- [Nairobi Mini Bloggers](https://www.nairobiminibloggers.com/difference-between-an-advocate-and-a-lawyer/)
- [Tuko](https://www.tuko.co.ke/editorial/explainer/496542-what-takes-a-lawyer-advocate-high-court-kenya/)
- [Advocate Getter](https://advocategetter.com/news/lawyer-vs-advocate/)
- [Judiciary of Kenya](https://judiciary.go.ke/advocates/)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%2021)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2015)
- [Business Daily Africa](https://www.businessdailyafrica.com/bd/opinion-analysis/ideas-debate/is-it-time-to-review-the-professional-undertaking-rules--1974214)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/251825/)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/295010/)

Ask a lawyer: difference between lawyer and advocate

Table of Contents

Introduction

2. Definition of a Lawyer

3. Definition of an Advocate

4. Key Differences between a Lawyer and an Advocate

5. Conclusion

Ask a lawyer:
difference between lawyer and advocate