Ask a lawyer:
What is the role of Law Society of Kenya (LSK)

mwakili.com

Introduction

The Law Society of Kenya (LSK) is a statutory body established under the Law Society of Kenya Act, 2014. It plays a crucial role in the legal profession in Kenya, serving as the professional association for all practicing advocates in the country. The LSK is tasked with various responsibilities that ensure the integrity, competence, and ethical standards of the legal profession are maintained. This response will delve into the roles and functions of the LSK as outlined in the relevant Kenyan laws and regulations.

Establishment and Legal Framework
- Law Society of Kenya Act, 2014
- Constitution of Kenya, 2010
Regulation and Licensing of Advocates
- Admission to the Bar
- Issuance of Practicing Certificates
Disciplinary Functions
- Advocates Disciplinary Tribunal
- Code of Ethics and Professional Conduct
Advocacy and Representation
- Representation of Members' Interests
- Public Interest Litigation
Professional Development and Education
- Continuing Professional Development (CPD)
- Legal Education and Training
Public Awareness and Legal Aid
- Legal Awareness Campaigns
- Provision of Legal Aid
Advisory Role to the Government
- Law Reform
- Policy Advisory
Conclusion

1. Establishment and Legal Framework

Law Society of Kenya Act, 2014

The Law Society of Kenya is established under the Law Society of Kenya Act, 2014. This Act provides the legal framework for the establishment, functions, and governance of the LSK.

Section 3: Establishes the LSK as a body corporate with perpetual succession and a common seal.
Section 4: Outlines the objectives and functions of the LSK, which include maintaining and improving the standards of conduct and learning of the legal profession in Kenya.

Constitution of Kenya, 2010

The Constitution of Kenya, 2010, also recognizes the role of the LSK in the administration of justice.

Article 37: Provides for the right to assemble, demonstrate, picket, and present petitions to public authorities, a right often exercised by the LSK in its advocacy role.
Article 48: Ensures access to justice for all persons, a principle that the LSK upholds through its various functions.

2. Regulation and Licensing of Advocates

Admission to the Bar

The LSK plays a pivotal role in the admission of advocates to the bar.

Section 13 of the Advocates Act: Requires that a person must be admitted as an advocate by the Chief Justice and enrolled in the Roll of Advocates maintained by the LSK.
Section 15 of the Advocates Act: Mandates the LSK to issue a Certificate of Admission to qualified individuals.

Issuance of Practicing Certificates

The LSK is responsible for issuing practicing certificates to advocates.

Section 21 of the Advocates Act: States that no person shall practice as an advocate unless they have a valid practicing certificate issued by the LSK.
Section 22 of the Advocates Act: Provides the conditions under which practicing certificates are issued, including the payment of prescribed fees and compliance with continuing professional development requirements.

3. Disciplinary Functions

Advocates Disciplinary Tribunal

The LSK has a disciplinary mechanism to address professional misconduct among advocates.

Section 57 of the Advocates Act: Establishes the Advocates Disciplinary Tribunal, which is responsible for hearing and determining complaints against advocates.
Section 60 of the Advocates Act: Provides the powers of the Tribunal, including the power to suspend or strike off an advocate from the Roll of Advocates.

Code of Ethics and Professional Conduct

The LSK enforces a code of ethics and professional conduct to ensure high standards within the legal profession.

Section 4 of the Law Society of Kenya Act, 2014: Mandates the LSK to formulate and enforce a code of ethics and professional conduct for its members.
LSK Code of Ethics: Provides guidelines on the professional and ethical behavior expected of advocates.

4. Advocacy and Representation

Representation of Members' Interests

The LSK represents the interests of its members in various forums.

Section 4 of the Law Society of Kenya Act, 2014: Empowers the LSK to represent, protect, and assist members of the legal profession in Kenya.
Advocacy Initiatives: The LSK engages in advocacy on issues affecting the legal profession, including remuneration, working conditions, and professional development.

Public Interest Litigation

The LSK engages in public interest litigation to uphold the rule of law and protect public interest.

Article 22 of the Constitution of Kenya, 2010: Allows the LSK to institute court proceedings on behalf of the public in cases involving the violation of fundamental rights and freedoms.
Notable Cases: The LSK has been involved in various landmark cases, challenging unconstitutional laws and actions by the government.

5. Professional Development and Education

Continuing Professional Development (CPD)

The LSK ensures that advocates engage in continuous learning to maintain their professional competence.

Section 4 of the Law Society of Kenya Act, 2014: Mandates the LSK to promote continuing professional development among its members.
CPD Programs: The LSK organizes seminars, workshops, and training sessions on various legal topics.

Legal Education and Training

The LSK plays a role in the legal education and training of advocates.

Collaboration with Legal Institutions: The LSK collaborates with institutions like the Kenya School of Law and universities to ensure the quality of legal education.
Accreditation of Training Programs: The LSK accredits training programs and courses for advocates.

6. Public Awareness and Legal Aid

Legal Awareness Campaigns

The LSK conducts legal awareness campaigns to educate the public on their legal rights and responsibilities.

Publications and Media: The LSK publishes legal information and uses media platforms to reach a wider audience.
Community Outreach: The LSK organizes community outreach programs to provide legal education at the grassroots level.

Provision of Legal Aid

The LSK provides legal aid to indigent persons to ensure access to justice.

Legal Aid Clinics: The LSK operates legal aid clinics where members of the public can receive free legal advice and representation.
Partnerships with NGOs: The LSK partners with non-governmental organizations to provide legal aid services.

7. Advisory Role to the Government

Law Reform

The LSK advises the government on matters of law reform to ensure that the legal framework is up-to-date and effective.

Section 4 of the Law Society of Kenya Act, 2014: Mandates the LSK to assist the government and the courts in matters relating to the administration of justice and law reform.
Participation in Law Reform Commissions: The LSK participates in various law reform commissions and committees.

Policy Advisory

The LSK provides policy advice to the government on legal and regulatory issues.

Policy Papers and Reports: The LSK prepares policy papers and reports on various legal issues and submits them to the government.
Consultations with Government Agencies: The LSK engages in consultations with government agencies on legal and policy matters.

Conclusion

The Law Society of Kenya (LSK) plays a multifaceted role in the legal profession and the administration of justice in Kenya. From regulating and licensing advocates to providing legal aid and advising the government on law reform, the LSK is integral to maintaining the integrity and competence of the legal profession. Its functions are grounded in various legal frameworks, including the Law Society of Kenya Act, 2014, the Advocates Act, and the Constitution of Kenya, 2010. Through its various roles, the LSK ensures that the legal profession in Kenya adheres to high standards of professionalism and ethics, ultimately contributing to the rule of law and access to justice for all.