The Court of Appeal has upheld the mandatory Law Society of Kenya (LSK) membership requirements for all advocates in Kenya.
In a recent ruling delivered, the court dismissed an appeal, which was submitted by an advocate who had challenged the constitutional legitimacy of the Advocates Act, which stipulates that all advocates in the country must register with LSK to practice law.
According to the individuals, the act violated the Constitution which guarantees the freedom of association.
Court gives direction on LSK registration requirements. Photo: Courtesy.
In a ruling delivered in March 2019, the High Court had dismissed the same petition, citing the lack of sufficient evidence that would demonstrate the invalidity of the act and how it violated the rights in the Bill of Rights.
After the decision, the appellant went ahead with an appeal to challenge the High Court’s ruling.
However, the Court of Appeal noted that it found no merit in the appeal.
All advocates in Kenya are required to be registered with the LSK to ensure professionalism, competence and ethical conduct within the legal profession.
Moreover, the registration with the LSK also serves as a guarantee to clients that their legal representative meets the necessary standards.
Notably, the ruling comes amid the ongoing crackdown, spearheaded by the LSK, which is targeting individuals purporting to be legal officers, yet they are not legally registered.
