Pathfinders, an access to justice umbrella civil society organisation based at New York University has published a report on Kenya’s alternative justice system. The global justice gap affects billions worldwide, with 4.5 billion people lacking access to legal opportunities, and 1.5 billion facing unresolved legal issues. A shift toward people-centred justice acknowledges the inadequacy of…
High court of Kenya rules in favour of watch dog to stop price fixing
Lawyers have been dealt a blow after the High Court dismissed a petition seeking to quash a section of the law that prevents them from fixing prices without seeking approval from the competition watchdog. High Court judge Hedwig Ong’udi backed the law that requires professional bodies like the Law Society of Kenya (LSK) to get…
IBA African Regional Forum releases a new guide on data protection and privacy laws for the legal profession
The International Bar Association (IBA) African Regional Forum has released a new Data Protection/Privacy Guide for Lawyers in Africa, in recognition of growing requirements for safeguarding of personal data in accordance with legal principles across the continent. The guide was developed in the context of the European Union’s data protection law, the General Data Protection…
The Place of Non-Advocate Lawyers in Legal Practice in Kenya
Abstract This study observes that Kenya has for a while witnessed an incessant surge in the number of unqualified legal practitioners. The study attributed the same to non-advocate lawyers masquerading as competent advocates. In assessing this, the study determines what legal practice entails and whether rendering legal advice constitutes legal practice. The study then outlines the significance of the jealously monopolistic regulation of the legal profession by…
Two COVID-19 Lessons that Were Long Overdue to Kenya’s Justice Sector
Abstract The two decisions made by policymakers in Kenya’s because of COVID-19 were timely but were bound to happen. they are direct economic benefits for reducing the prison population and use of technology in courts. If the Prison population is reduced at least by 10%, the prison population will reduce by 22,372 prisoners. Using the…
LSK calls for ending of law school monopoly
The Law Society of Kenya (LSK) has called for the ending of the monopoly on Bar education in Kenya, following an inquiry into high rates of failure in the Bar examinations. Results from November 2018 revealed that 80 per cent of those who sat the test failed, with only 308 of the 1,572 candidates qualifying. …
Free Movement of Services: Challenges to the Implementation of Cross-border Legal Practice within EAC
The Protocol Establishing the East African Community Common Market, 2010 guarantees free movement of services supplied by nationals of Partner States, and the free movement of services and suppliers who are nationals of the Partner States within the EAC. This implies that the persons supplying services should be able to supply the services to the consumers in other Partner States without discrimination. Cross-border legal practice largely involves an advocate performing legal professional work beyond his or her home state. An advocate can offer legal services outside his or…