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What is the role of Law Society of Kenya (LSK)
Introduction
The Law Society of Kenya (LSK) is a pivotal institution in the Kenyan legal landscape. Established under the Law Society of Kenya Act, the LSK serves as the premier bar association in Kenya, representing the interests of legal practitioners and ensuring the promotion and maintenance of the rule of law. This response delves into the various roles and functions of the LSK, highlighting its significance in the administration of justice and the legal profession in Kenya.
Table of Contents
Overview of the Law Society of Kenya (LSK)
Objectives and Functions of the LSK
Promoting the Rule of Law
Assisting the Government and Courts
Providing Member Services
Upholding Professional Standards and Ethics
Case Laws Involving the LSK
Conclusion
Sources
1. Overview of the Law Society of Kenya (LSK)
The Law Society of Kenya (LSK) is a statutory body established to oversee the legal profession in Kenya. It was founded in 1949 and has since grown to include over fourteen thousand members. The LSK's mandate is to advise and assist its members, the government, and the public on matters related to the administration of justice.
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2. Objectives and Functions of the LSK
The LSK has several key objectives and functions, which are crucial for the effective administration of justice and the promotion of the rule of law in Kenya.
2.1 Promoting the Rule of Law
One of the primary roles of the LSK is to promote the rule of law. This involves ensuring that laws are applied fairly and consistently, and that justice is accessible to all. The LSK engages in advocacy and public education to raise awareness about legal rights and responsibilities.
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2.2 Assisting the Government and Courts
The LSK assists the government and the courts in matters related to legislation and the administration of justice. This includes providing expert opinions on legal reforms, participating in the drafting of new laws, and offering legal advice on complex legal issues.
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2.3 Providing Member Services
The LSK provides a range of services to its members, including continuing legal education, professional development programs, and networking opportunities. These services are designed to enhance the skills and knowledge of legal practitioners, ensuring they can provide high-quality legal services to their clients.
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2.4 Upholding Professional Standards and Ethics
The LSK is responsible for upholding professional standards and ethics within the legal profession. This includes enforcing a code of conduct for advocates, handling disciplinary matters, and ensuring that legal practitioners adhere to the highest standards of integrity and professionalism.
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3. Case Laws Involving the LSK
3.1 Law Society of Kenya v Attorney General & Another [2019]
In this case, the LSK challenged the constitutionality of certain sections of the Work Injury Benefits Act (WIBA). The High Court declared nine sections of WIBA inconsistent with the former Constitution. The case was significant in affirming the LSK's role in safeguarding constitutional rights and ensuring that legislation complies with constitutional standards.
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3.2 Ethics and Anti-Corruption Commission v Tom Ojienda, SC, t/a Prof. Tom Ojienda & Associates & 2 others; Law Society of Kenya (Amicus curiae) [2019]
This case involved the LSK as an amicus curiae (friend of the court) in a matter concerning the administrative functions of the Ethics and Anti-Corruption Commission. The Supreme Court's decision underscored the importance of adhering to constitutional provisions in administrative investigations.
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4. Conclusion
The Law Society of Kenya (LSK) plays a crucial role in the Kenyan legal system. By promoting the rule of law, assisting the government and courts, providing member services, and upholding professional standards and ethics, the LSK ensures that the legal profession in Kenya operates effectively and ethically. The LSK's involvement in significant legal cases further highlights its commitment to safeguarding constitutional rights and promoting justice.
5. Sources
Role and Functions of the Law Society of Kenya (LSK) - AfroCave ↗
Promoting integrity and ethics in legal profession - Business Daily Africa ↗
Case Brief Supreme Court Petition No. 4 of 2019 Law Society of Kenya ↗
Anti Corruption and Economic Crimes Petition E004 of 2020 - Kenya Law ↗
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