The document summarizes the jurisdiction, composition, and procedures of the Advocates Disciplinary Committee in Kenya. The Committee has jurisdiction over advocates in Kenya for complaints of professional misconduct. It is composed of the Attorney General, Solicitor General, and six advocates with over 10 years of experience. The procedures include applications by advocates to be removed from the roll, complaints against advocates, notice and hearing procedures, orders the committee can make such as dismissal, fines, or suspension, and rights to appeal orders to the High Court and Court of Appeal.

1. Advocates Disciplinary Committee:
Jurisdiction & Procedure
Advocates Disciplinary Committee
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2. Composition:
 the AG;
 the Solicitor General or a person deputed by
the AG;
 and six advocates of not less than 10 years of
practice.
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3. Jurisdiction: (personal jurisdiction)
 Section 55, Advocates Act
 All advocates are subject to the jurisdiction
of the Committee.
 Excludes:
o an officer in the AG‟s office;
o the Principal Registrar of Titles and
Registrar of Titles and;
o such other public officers as the AG may
gazette.
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4. Jurisdiction (subject matter)
 Section 60:
Complaints against advocates for
„professional misconduct’.
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5. Definition
 Professional misconduct includes:
“. . . disgraceful or dishonourable
conduct incompatible with the status
of an advocate. . .”
- Section 60(1), Advocates Act
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6. Procedure
A. Application by advocate for name to be
removed from roll (Pt II, Committee Rules)
• By Affidavit (Form 1) (Rule 3);
• May be decided without applicant if
unopposed (Rule 4);
• Objector shall give written notice to the
applicant 7 days before hearing (Rule 5).
• The Committee may refuse the
application or adjourn sine die on
grounds of likely complaint under
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7. Procedure (contd…)
B. Complaints against Advocates (Part III)
• Under Section 60 or Section 72 Advocates
Act;
• By way of Affidavit (Form 2 or 3);
• Complaint on behalf of Council shall be
made by the secretary of the Society;
• The council may appoint an Advocate to
represent the complainant or applicant;
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8. Procedure (contd…)
• In respect of an advocate’s clerk:
• the clerk shall not be represented by an
advocate who employed him at the time of the
matter forming the subject matter;
• The Committee shall give notice of hearing to
the parties not less than 21 days to the hearing;
• Notice of hearing shall be in Form 4 and
requires the parties to furnish a list of
documents they will rely on 14 days before
hearing (Rule 14);
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9. Procedure (contd…)
• The Notice of hearing shall set out, in
general terms, the charge(s) of
professional misconduct against the
advocate or the grounds of the application
against an advocate‟s clerk.
• Any party may inspect the list of
documents provided by any party.
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10. Miscellaneous Provisions (Pt IV)
 The Committee may, in its discretion, hear
an application in the absence of a party who
fails to appear;
 The Committee may, partly or entirely, in its
discretion, rely on Affidavit evidence;
 The Committee may, at any stage, refer a
case to the Council which may cause a
complaint or further complaint to be lodged;
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11. Miscellaneous Provisions (contd…)
 Withdrawal of complaint or application only
with leave of the Committee;
 The Committee may order consolidation of
any proceedings before it (Rule 22);
 The Committee may require to be amended
or permit such amendment or further
Affidavit as it deems fit (Rule 23);
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12. Miscellaneous Provisions (contd…)
 The Committee may make orders as to costs
and require any party to pay as it thinks fit
after dismissing a complaint (Rule 24);
 Service of Notice or any document shall be
effected as permitted by law (Rule 27);
 Rules of procedure and evidence are relaxed
(Rule 28)
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13. Orders (Section 60(4)
– Dismissal of the complaint;
– Admonish;
– Suspension from practice for not more
than 5 years;
– Struck of the roll;
– Fine not exceeding Kshs. 1m;
– Payment to the aggrieved person not
exceeding Kshs. 5m
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14. Appeal (Section 62)
• To the High Court within 14 days;
• The court shall give to the Council of the
Society and to the Advocate not less than 21
days of notice of hearing;
• An appeal shall not suspend or stay the
execution of the order appealed against
(Section 62(3)).
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15. Appeal (contd…)
 The court, sitting as a bench of not less
than two, may:
– refer the report back to the Committee with
directions for its findings on any specified
point; or
– confirm, set aside, substitute or vary any order
made by the Committee; and
– May make orders as to costs.
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16. Second Appeal (Section 67)
 Any person aggrieved by order of the court
under Section 64 may appeal to the Court
of Appeal in accordance with prescribed
rules of appeal in civil matters;
 An appeal under this section shall not
suspend the effect or stay execution of the
decision or order appealed against.
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17. Enforcement of orders
 If no memorandum of appeal is filed in
accordance with Section 62(1) the party in
favour of whom the order is made may
apply ex parte by summons for leave to
enforce such order as a decree;
 The order may be executed in the same
manner as an order of the court and in
accordance with the Civil Procedure Rules if
it is an order for recovery of money (Sec
60(12)
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18. Conclusion
 The Committee sits largely as a court but
with a bit of relaxation regarding the strict
rules of evidence.
 Proceedings before the committee deemed
judicial for purposes of Chapter XI of the
Penal Code and for the purposes of the
Evidence Act to be legal proceedings. (S.
58(5))
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19. Thank you for your attention.
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