Most client relationships with advocates end without incident, but the profession is regulated so that the exceptions can be addressed. If an advocate has been dishonest, neglected a matter, failed to account for money or charged without basis, Kenya has a defined complaints process under the Advocates Act. This article explains what can be complained about, where the complaint goes and how to prepare it.
Quick answer
Complaints about an advocate’s professional conduct are made under the framework established by the Advocates Act. A complaint is lodged with the Advocates Complaints Commission, which investigates and may refer serious matters to the Advocates Disciplinary Tribunal. The Law Society of Kenya also provides guidance on professional standards. Claims for compensation for negligent work, and disputes about fees, follow separate routes in the courts and through taxation.
What conduct can be complained about
- Dishonest or fraudulent conduct, including misappropriation of client funds.
- Failure to account for money received on a client’s behalf.
- Neglect or unexplained delay that prejudices a matter.
- Professional misconduct, such as conflicts of interest or breach of confidence.
- Charges that exceed what the retainer or the applicable remuneration framework permits.
- A conviction for an offence that raises questions about fitness to practise.
Not every disagreement is misconduct. A client who is unhappy with the outcome of a matter, or with a tactical decision taken on advice, may have a complaint about service but not necessarily a disciplinary complaint. The distinction matters because the disciplinary process examines professional conduct, not whether the client liked the result. Before making a complaint, the client should review the engagement letter and the correspondence to establish what was agreed and what was not done.
Where the complaint is lodged
The Advocates Act creates the structure for handling complaints against advocates. The Advocates Complaints Commission receives and investigates complaints, and serious cases may be referred to the Advocates Disciplinary Tribunal, which has power to impose sanctions. The Act and the rules made under it should be checked for the current procedure and the documents required.
The Law Society of Kenya publishes professional standards and can guide complainants on the process. Where the complaint concerns money or negligence rather than conduct, the client should also consider a civil claim, an application for an account, or a reference of the advocate’s bill for taxation. These routes are separate from the disciplinary process and can run alongside it. A complainant does not have to choose one route at the outset, but the choice affects the evidence to preserve and the time limits that apply.
What the complaint should contain
| Item | What to provide |
|---|---|
| Parties | The full names and addresses of the advocate and the complainant |
| Chronology | A dated account of what was instructed, what was done, what went wrong and when |
| Documents | The engagement letter, fee notes, receipts, correspondence and court documents |
| Evidence of loss | Payment records and any loss caused by the conduct complained of |
| Outcome sought | Restitution, a reprimand, referral to the Tribunal or taxation of a bill |
Documented complaints move faster than general grievances, and the papers assembled often serve a later civil claim. Keep originals and provide copies.
The process step by step
The complainant prepares a written complaint supported by the documents and submits it to the Commission. The Commission reviews the complaint, may ask for further information and may invite the advocate to respond. The matter may be resolved, dismissed for lack of substance, or referred to the Tribunal for a hearing. The Tribunal then hears the parties and decides whether misconduct is proved and what sanction to impose.
The process takes time, and complainants should keep copies of every communication. A complaint does not automatically stop time running on a related civil claim, so where compensation is sought, the limitation position should be checked early and independently of the disciplinary process.
Possible outcomes
The Tribunal’s sanctions are set by the Act and may include a reprimand, conditions on practice, suspension or removal from the Roll of Advocates. The disciplinary process is not designed to award compensation to the client; that is the role of a civil claim. A client who has lost money may therefore need both a disciplinary complaint and a civil recovery route.
Where the dispute is about fees, taxation before the taxing officer is often the quicker route. Where it is about the quality of work, a civil claim for professional negligence may be available, and the client should obtain advice on the evidence needed to prove the loss. A complainant should also budget for the time and cost of pursuing the complaint, including the cost of legal advice on the complaint itself, and should weigh that against the value of what is in issue.
When to take advice
Advice is worth taking where the amount involved is significant, where a court date is imminent, where the complaint may affect a live matter, or where the client is unsure whether the issue is one of conduct, fees or negligence. The firm’s commercial litigation practice advises on claims and professional disputes, and the related articles on advocate client engagement letters and how to choose a lawyer in Nairobi explain how to reduce the risk of a dispute.
Primary sources
- Advocates Act, Kenya Law, for the Complaints Commission, the Disciplinary Tribunal and professional regulation.
- Law Society of Kenya, for professional standards and guidance on complaints about advocates.
- Kenya Law, for the Act and the rules referred to in this article.
This article is general information, not legal advice.
