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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.

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