KENYA SCHOOL OF LAW

ADVOCATES TRAINING PROGRAMME – 2023/2024 ACADEMIC YEAR

ATP 105- PROFESSIONAL ETHICS & PRACTICE

COURSE OUTLINE

Course Coordinator: Ms. Annah Konuche – [email protected]

COURSE INSTRUCTORS:
Mr. J. Oriri Onyango – [email protected]
Ms. Annah Konuche – [email protected]
Dr. Omondi R. Owino – [email protected]
Mr. Stephen Mallowah – [email protected]

INSTRUCTION HOURS: Class A – Thursday 1100Hrs – 1300Hrs

Class B – Friday 1100Hrs – 1300Hrs
Class C – Wednesday 1100Hrs – 1300Hrs
Class D – Friday 1400Hrs – 1600Hrs
Class E – Monday 1600Hrs – 1800Hrs
Class F – Thursday 1400Hrs – 1600Hrs
Class G – Tuesday 1800Hrs – 2000Hrs

CONSULTATION: By appointment with the respective course instructor

STATEMENT OF COURSE PHILOSOPHY, GOALS, DELIVERY AND ASSESSMENT

INTRODUCTION
A legal ecosystem (the Bar, Bench, Prosecution, State Law Office and the Academia) that is a stalwart of
integrity is critical for the existence of a self-guarding democracy that is strongly rooted within the rule of law.
Such a legal profession ensures that important concepts such as constitutionalism, justice, and the dignity of all
citizens are respected and zealously upheld. Ethics or moral philosophy (the philosophical study of moral
values) addresses these concepts as well others such as good and evil, right and wrong etc. In much simpler
terms, morality in the context of the legal profession has to do with the dos and don’ts as expected of a rational
human (or Advocate).
This Course therefore seeks to give students a practical perspective and understanding of the high ethical
standards demanded and exercised in the legal profession. The course will expose students to the ethical and
legal framework governing the conduct of legal professionals.

PURPOSE OF THE SUBJECT

To impart in the student professional and ethical standards in the practice of law

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EXPECTED LEARNING OUTCOMES:

By the end of the subject the student should:

i. Explain the laws, regulations and codes of professional ethics and practice.

ii. Exhibit practical appreciation of professional ethics.

iii. Apply professional and ethical responsibilities of the profession.

MODE OF DELIVERY OF THE COURSE

There are two (2) contact hours weekly. The course is taught as a series of interactive lectures, seminars and
tutorials. Most of the material will be presented using Power-point presentation slides. For effective discussion,
case law and relevant readings (statutes, journal articles etc.) will be discussed under guidance from the course
instructor. As such, prior reading is advised in preparation of a class. For some topics, guest lecturers will be
brought to teach alongside the course instructor. All the students will be required to participate actively in
group discussions and class presentations.

CLASS ATTENDANCE
Regular attendance is very important in understanding and completing the course successfully. Non-
attendance should be communicated in advance, and a reasonable explanation for the same provided.

COURSE COMMITMENT
Aside from attendance and general participation by all students during the lectures, homework exercises
(whether individual or in the context of the Firms/groups) and the assigned readings of the topic for the week
prior to coming to class, have to be effectuated with the requisite seriousness, so as to widen the scope of
student’s knowledge as well as enrich the discussion during lectures.

EVALUATION
This Course will be assessed in terms of the Council of Legal Education Regulations, that is: -
a. Project Work (Term 1) – 20%
b. Oral Examination (Term 2) -- 20%
c. Written Examination (Term 3) -- 60%

CORE READING MATERIALS

1. Ojienda, T.O, Professional Ethics, A Kenyan Perspective (2011)
2. Compendium of Codes of Legal Practice, Conduct, Ethics and Etiquette in East Africa, EALS/ Law Africa (K)
Ltd .2005
3. Weda, A, The Idea Lawyer
4. Kimari Mary (2018) Legal Practice Management; Law Africa

RECOMMENDED REFERENCE MATERIALS

The following materials contained herein are not exhaustive.

Textbooks
1. Bailey, S.H., (1991) Smith and Bailey on the Modern English Legal System (2nd edn). Sweet and Maxwell,
London
2. Gichure W. Christine, Basic Concepts in Ethics. (1997). Focus Publications Ltd, Nairobi
3. Harvey,W. Introduction to the Legal System in East Africa (EALB,1975)
4. Horne, F.T., (1988) Cordery’s Law Relating to Solicitors (8th Edn) Butterworths, London and
Edinburgh.
5. Morgan. T.D. Problems and materials on professional responsibility, (2nd Edn.) (1981) The foundation press

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 6. Parker, S., and Charles, S, (Eds) (1995) Legal Ethics and Legal Practice. Contemporary issues. Clarendon
Press
7. Rhode, D.L. (Ed.) Ethics in Practice. Lawyers Roles, Responsibilities, and Regulation. (2000) Oxford
University Press, Inc. New York
8. Y. Ghai and J.P.W.B. McAuslan, Public Law and Political Change in Kenya. O.U.P, Nairobi. 1970

STATUTES
1. Advocates Act. Chapter 16 Laws of Kenya
2. Ethics and Anti-Corruption Commission Act No. 22 of 2011
3. Judicature Act CAP 8 Laws of Kenya
4. Judicial Service Act No. 1 of 2011
5. Law Society of Kenya Act No. 21 of 2014
6. Leadership and Integrity Act No. 19 of 2012
7. Legal Education Act No. 27 of 2012
8. The Kenya School of Law Act No. 26 of 2012
9. Legal Aid Act No. 6 of 2016
10. Limited Liability Partnerships Act No. 42 of 2011
11. Office of the Attorney General Act No. 49 of 2012
12. Office of the Director of Public Prosecutions Act No.2 of 2013
13. Public Officer Ethics Act No. 4 of 2003
14. Supreme Court Act No. 7 2011
15. Vetting of Judges and Magistrates Act No. 2 of 2011
16. Advocates (Continuing Professional Development) Rules, 2014
17. Advocates Disciplinary Committee) Rules
18. Advocates (Practice) Rules

CODES, MODEL LAWS AND GUIDELINES, AND OTHER INSTRUMENTS

1. Bangalore Principles of Judicial Conduct
2. Code of Conduct- Office of the Attorney General Act
3. Commonwealth Latimer House Principles
4. International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors
5. Judicial Service (Code of Conduct and Ethics) Regulation 2020 – LN 102 _2020
6. Law Society of Kenya Code of Standards of Professional Practice and Ethical Conduct (SOPPEC)
7. Law Society of Kenya Digest of Professional Conduct and Etiquette (As at 1st January 2000)
8. Practice Directions Relating to Pauper Briefs Scheme and Pro Bono Services

OTHER SOURCES (PRELIMINARY READINGS)

1. Final Report of the Task Force on Judicial Reforms (July 2010)
2. Mark Stobbs (2002). Review of the Effectiveness of the Disciplinary Committee of the Law Society of Kenya and
The Complaints Commission
3. Ojienda, Tom. Professional Ethics and the Legal Profession. Paper prepared for presentation at the
Induction Program for newly admitted lawyers on the 14 th February 2004.
4. Report of the Advisory Panel of Eminent Commonwealth Judicial Experts Nairobi, Kenya May 17, 2002
5. Report of the Task Force on The Development of a Policy and Legal Framework for Legal Education in Kenya
August 2006
6. Task Force on The Development of a Policy and Legal Framework for Legal Education In Kenya (situation
paper) April 2005
7. Wood, David, Judicial Ethics: A Discussion Paper, Australian Institute of Judicial Administration
Incorporated, 1996
Case laws can be obtained from the Kenya Law website (www.kenyalaw.org). For England and American
cases, students are advised to look up the databases hosted at http://www.bailii.org/ and
https://www.law.cornell.edu/ respectively.
Students are further advised that further readings will be provided during classes.

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When guest speakers are brought, students will be expected to be particularly keen in these lectures and to
engage the speakers in their selected topics. The guest lecturers shall include:
a) A Judge – Integrity on the Bench.
b) Counsel from the Office of the Director of Public Prosecutions – Integrity of prosecutors.
c) A member of the Judicial Service Commission to speak on how the JSC enforces the judicial
professional code.
d) A member of the Advocates Complaints Commission – professional conduct of advocates.
e) A member of the Advocates Disciplinary Tribunal – The mandate of the Tribunal.

The dates of the guest lectures shall be communicated soon.

TERM ONE
Week One
Introduction and Overview of Professional Ethics and Practice
● Historical Origins of Ethics
● Philosophical Foundations of Ethics
Should a lawyer’s ethical decisions be determined by the morals (values, norms, and virtues) or should
a particular situation be used to assess the ethical conduct of an advocate?
● Definition of Ethics
● Nature and Scope Professional of Ethics
● Relevance of Professional Ethics in Advocacy Practice
● Law as a Profession and not a Business
Week Two
Law as A Profession
● Nature of the Legal Profession
● History of the Legal Profession
● Historical Evolution of the Legal Profession in Kenya (during, and after colonialism)
● Nature and the Current State of the Legal Profession in Kenya
Week Three
Law Society of Kenya
• Establishment of the Law Society of Kenya
• Objects of the Law Society of Kenya
• Guiding Principles
• Membership of the Law Society of Kenya
• Governance of the Council
• Meetings of the Society
• Secretary and Secretariat of the Society
• Advocates Benevolent Association
Week Four
Duties of an Advocate
• Advocate’s Duty to court;
Rule 9 of the Advocates (Practice) Rules
Section 55 Advocates Act
• Advocate’s Duty to the Profession;
Section 4 Law Society of Kenya Act
• Advocate’s Duty to client;
• Advocate’s Duty to himself;
• The rights, privileges, and obligations of an advocate
Correspondence between advocate and client or third party
Article 31 of the Constitution of Kenya (does it protect confidential information?)
Section 134-137 of the Evidence Act, Cap 80 Laws of Kenya.
Minter v Priest (1930) AC 558 (HL) as per Lord Atkin
United States v. United Shoe Machinery Corp., 89 F. Supp. 357 (D. Mass. 1950)

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 Lincoln v Daniels (1962) 1 QB 237
Norwich Union Life Insurance Society v Tony Waller Ltd (1984) 1 All ER 597 CA
Simaan General Contracting Co v Pilkington Glass Ltd (1987) 1 All ER 345
Togstad v. Vesely, Otto, Miller & Keefe, 291 N.W. 2d 686 (Minn. 1980)
● Advocate-client privilege and the waiver of the privilege.
Minter v Priest (1930) AC 558 (HL)- Whose privilege is it? Who decides when to lift it?
Tom Ojienda t/a Tom Ojienda & Associates Advocates v Ethics and Anti-Corruption Commission & 5
others [2016] eKLR
Read Michmerhuizen S. (2007): Confidentiality, Privilege: A Basic Value in Two Different
Applications.Accessible at
http://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/confidentiality
_or_attorney.authcheckdam.pdf
Weda, A, The Idea Lawyer p.313 - 315
● Communications between advocate and the court
Munster v Lamb (1883) 11 QBD 588
● Communications between advocate and the public
● Privity of information. (Is it ethical for an advocate to disqualify or abandon a case upon coming into
new evidence or information that is dangerous or of concern to national security? Does the attorney-
client privilege cushion the attorney from revealing such information?)
● What are the remedies of breach of fiduciary duties?
● Duty of Compliance
● Duty of Loyalty
● Duty of Confidentiality
● Duty to Communicate
● Duty of Candor

Week Five
The Role of A Lawyer in Society
• Administration of Justice
• Mentorship
• Public Awareness
• Upholding the Constitution and Rights

Week Six
Pauper Briefs
i). The ethical rationale of holding pro bono publico briefs
ii). The ethics behind free legal aid clinics (What form of punishment should the governing bodies
reserve for advocates who use legal aid trusts and foundations to enrich themselves?)
iii). Francis Mugo & 22 Others v. James Bress Muthee & 3 Others, Civil Suit No. 122 of 2005 [2005]
eKLR,per Musinga J
iv). Defence in capital offences (Can holding defence briefs in capital offences be justified given that
most firms or advocates do it out of tradition rather than pursuit of justice for the inmates?
v). What is the efficacy of public defence briefs in capital trials?
vi). Representation under the Victim Protection Act
vii). Civil Procedure Rules Order 33 and 44
viii). Practice Directions Relating to Pauper Briefs Scheme and Pro Bono Services

Week Seven
Professional Undertakings
● The advocate and professional undertakings
● Undertakings as legally enforceable solemn legal declarations. Undertakings must mirror the intentions
of the parties.
Re a Solicitor (1966) 3 All ER 52

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 Silver and Drake v Baines (1971) 1 All ER 473
Muthaura Mugambi Ayugi & Njonjo, Advocates V Jane Nyamboke Njage (locus classicus of local cases
on undertakings
United Mining and Finance Corpn. Ltd v Becher (1910) 2 KB 296
Kenya Reinsurance corporation v V.E.Muguku T/A V.E. Muguku & Co NAI CA NO.48 of
1994
Peter Ng’ang’a Muiruri v credit Bank & Charles Ayako Nyachae T/A Nyachae and
Co.Advocates NAI CA No. 263 of 1998
Week Eight
Conflict of Interest
● Conflict of interest. (How does it happen? How do you mitigate the circumstances occasioning conflict
of interest? How does one avoid such circumstances?)
Kamlesh D Pattni & Others v George Oraro & Others HCCA 286 of 2001 (unreported)
National Bank Ltd v Peter Korat & Anor HCCC 77 of 1997 (unreported)
Hedrich v Standard Bank of Scotland [2008] EWCA Civ 905, [2008] All ER
Francis Mugo & 22 others v James Bress Muthee & 3 others [2005] eKLR
LSK Code of Standards of Professional Practice and Ethical Conduct
● Should an advocate act for more than one client where the clients are also involved in another case
pitching them against each other?
Sobeth Developers Ltd v South Nyanza Sugar Co. Ltd. [2010] eKLR
● Under what conditions can the advocate-client relationship continue in the face of future commercial
transactions between the advocate and client? Sobeth Developers Ltd v South Nyanza Sugar Co. Ltd [2010]
eKLR. (For a government’s advocate, should they sever the legal relationship where the client’s
position (government policies or manifesto) contravenes legitimate expectations or harms public
interests?

Week Nine
The Limits (Disabilities) of an Advocate’s Duties, Rights, Privileges, and Obligations
To what extent and under what circumstances should an advocate transact commercially with their
client?
What vitiates legal advice rendered by an advocate to their client in commercial arrangements?
(negligence in fiduciary relationships) (duty of care of an attorney to a client) (Place of rules of equity
(fiduciary duty) in professional ethics and practice)
Rule 11, 15, and 25 LSK Digest
Rule 2 and 7 Advocates practice Rules
Nocton v Lord Ashburton (1914) AC 932
● Advocates and subject matter of suit (In what circumstances can an advocate disqualify themselves
from an ongoing suit?)
● Torts of an Advocate
i). Negligence.
Rankine v Garton Sons & Co Ltd (1979) 2 All ER 471
Apollo Insurance Co Ltd v Flavia Rodrigues HCCC 431 of 2002 (unreported)
Hedley Byrne & co Ltd v Heller & Partners Ltd (1964) AC 465
Midland Bank Trust Co Ltd v Hett, Stubbs & Kemp (1979) 3 All ER 571
ii). As an officer of the court (default, misconduct or failure to act with reasonable
competence and expedition)
Godfrey v Dalton 1830- a case on breach of trust through failure to exercise reasonable probity.
See the judgment by Tindal CJ
Fletcher & Son v Jubb, Booth and Helliwell (1920) 1 KB 275 at 280 as per Lord Scrutton
iii). Advocates (Professional Indemnity) Regulations, 2004
● Professional Etiquette and decorum (Why regulate dressing?)
● What are the ethics behind the LSK Advocates Dress Code?
i). The Law Society of Kenya Digest of Professional Conduct and Etiquette (As at 1st January 2000)

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 ii). LSK Advocates Dress Code 2013
● Weda, A, The Idea Lawyer p.71 - 77

Week Ten
Conduct of Advocates and Lawyers in other Sectors
• Judicial Officers
i). Bangalore Principles of Judicial Conduct
ii). The Judicial Service Code of Conduct and Ethics, 2016 (Kenya)
iii). Code of Conduct for United States Judges
iv). International Principles on the Independence and Accountability of Judges, Lawyers and
Prosecutors
v). Article 160 Kenya Constitution 2010
vi). Grounds for recusal
• Advocates in the Office of the Attorney General
• Advocates in the Office of the Director of Public Prosecutions
• County Attorneys
i). What are the ethical codes and regulations that govern county attorneys?
• In-house Counsel in the Public Sector
i). What are the rights, duties, and obligations of in-house counsels? (Should state counsels and
other government lawyers be subject to regulations and ethical codes that govern those in private
practice? What is the rationale of your argument?)
i). Public Officer Ethics Act, No. 4 of 2003
ii). Office of the Director of Prosecutions Act No. 2 of 2013
iii). Code of Conduct- Office of the Attorney General Act
iv). Office of the County Attorney Bill, 2018
• In-house Counsel in the private sector

Week Eleven
Remuneration of Advocates
i). Part IX Advocates Act CAP 16 Laws of Kenya
ii). Purpose and Scope of Advocates Remuneration Regulations
iii). Principles of charging Fees
iv). Categories of Legal Fees Chargeable
v). How to Deal with Disputes over Legal Fees
vi). Advocates (Remuneration) Order, 1962
vii). Advocates (Accounts) Rules, 1966
viii). Advocates (Deposit interest) Rules, 1967
ix). Preparing a Bill of Costs

TERM TWO
Week Twelve
Retainer
A retainer refers to legal fees paid in advance by a client for un-rendered services.
● Nature of a retainer
○ Cf ruling in Njougoro & Co Adv vs. Dubai Bank Kenya Limited Misc App 286 of 2007
○ Bank Trust Co Ltd -v- Hett Stubbs & Kemp 1978.
○ Is it ethical to be on a retainer?
○ What is the effect of a retainer on an advocate’s morale? Should clients pay fees through
retainers so as to motivate and/or compel their advocates to handle suits?
● What are the various modes of retainer?

● Authority of an advocate on retainer

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 ○ Can be express, implied, usual or apparent
○ King Woolen Mills Ltd and Anor v. Kaplan & Stratton Advocates Civil. App. No. 55/93
○ Nocton v Lord Ashburton [1914] AC 932
○ Re Storer (1884) 26 Ch D 189
● What are the limits of the retainer?
Waugh v HB Clifford & Sons Ltd (1982) 1 All ER 1095 CA
Groom v Croker (1939) 1 KB 194 (1938) 2 All ER 394
● Acts generally authorized under retainer
Week Thirteen
Retainer
● What is the reasonable duration under which a retainer should proceed?
○ Danish Mercantile Co Ltd v Beaumont (1951) 1 All ER 925 at 930 per Jenkins LJ
● Capacity: Who can retain an advocate
○ Daimler Co Ltd v Continental Tyre and Rubber co (Great Britain) (1916) 2 AC 307
○ King Woolen MillsLtd and Anor v. Kaplan & Stratton Advocates Civil. App. No. 55/93
● Retainer on particular occasions
○ Njougoro and Company Advocates v Dubai Bank Kenya Limited [2008] eKLR
● Termination of retainer (through notice, loss of capacity, court order, or lapse of timeframe in which legal
services engaged, death of client, fraud, bankruptcy, client’s intentions)
○ Njougoro and Company Advocates v Dubai Bank Kenya Limited [2008] eKLR
○ Watts v Official Solicitor (1936) 1 All ER 249 CA
○ Krakauer v Katz (1954) 1 All ER 244
● Effects of termination
○ Njougoro and Company Advocates v Dubai Bank Kenya Limited [2008] eKLR
● Effects on want of authority
Imena vs. Ethuro(2005) 1 KLR 417
Richmond v Branson & Son (1914) 1 Ch 968
Selangor United Rubber Estates Ltd v Cradock (No 4) (1969) 3 All ER 965 at 975

Week Fourteen
Lien
● Nature of a lien.
● What is an advocate’s lien?
● Types of liens (Common law lien: Retaining lien; Specific lein and Statutory lien)
Barrat v Gough-Thomas (1951) 2 All ER 1048 at 1048 per Evershed MR
Re Birmingham, Savage v Standard (1959) Ch 523, (1958) 2 All ER 397
Booth Extrusions (Formerly) Booth Manufacturing Africa Limited v Dumbeyia Nelson Muturi Harun
t/a Nelson Harun & Company Advocates [2014] eKLR
Week Fifteen
Lien
● When is an advocate entitled to a lien, and what type of lien?
● What costs can an advocate secure with a lien?
● Nature of right conferred by Lien, limitation of Lien
Section 47, 48, 52, and 80 of the Advocates Act
Rule 7 of the Advocates Practice Rules

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 TERM THREE
Week One and Two
Marketing and Advertising
Advocate’s (Marketing & Advertising) Rules 2012.
Rule 2 of the Advocates (Practice) Rules
In the matter of Ababu P.T. Namwamba Misc No DCC 207/2004
Okenyo Omwansa George & another v Attorney General & 2 others [2012] eKLR per Justice Majanja
● Advertising
Can the business ethics of the commercial world work within the legal field?
● Touting
● Champerty
Ahmednasir Abdikadir & Co Adocates v.National Bank of Kenya Limited 2006 eKLR
Wild v Simpson (1918-19) All E.R 682(illegality of champerty)
Re Trepca Mines Ltd. (1962) 3 All E.R 351 per Lord Denning M.R
Section 36(1) of the Advocates Act

Week Three
Liability of an Advocate
● Liability of an advocate (in proceedings, out of Court)
Edwards v Porter (1923) 2 KB 538
● Trusteeship
● Liability to third parties (in contract)
Tai Hing Cotton Mill Ltd v Liyu Chong Hing Bank Ltd (1986) 2 All ER 947 PC
Week Four and Five
Contempt of Court
i). Aaron Ringera and 2 Others vs. Paul Muite and Others (Unreported)
ii). Kenya Human Rights Commission v Attorney General & another [2018] eKLR
iii). Lewis v. His Honour Judge Ogden (1984) 153 CLR 682 in Republic v Ahmad Abolfathi Mohammed &
another [2019] eKLR (SC Ahmednassir Abdullahi)
iv). Section 56 Advocates Act
v). Supreme Court Act, 2011 (Act No. 7 of 2011), Section 28 (1), (3), (4) and (5)
vi). Kenya Human Rights Commission v Attorney General & another [2018] eKLR (Unconstitutionality of
Contempt of Court Act No. 46 of 2016)
Week Six
“Law as A Business”
● Establishment of a Law Firm
● Running a Law Firm
● Types of Law Firms
● Multi-disciplinary practice
Article: Brustin, S. L. "Legal Services Provisions through Multidisciplinary Practice-
Encouraging Holistic Advocacy While Protecting Ethical Interests." U. Colo. L. Rev. 73 (2002):
787.
Weda, A, The Idea Lawyer p.285 - 300
● Certification of law practice- what is the role of certification in enhancing professional ethics
and professionalism in the legal field?
● The management of a firm- how can the management of a legal firm contribute towards ethical
and professional conduct?
The administrators of Maxwell Ombogo vs. Standard Chartered Bank Ltd and the Law Society of
Kenya,CA NO. 162 OF 1999 NBI
Myers Elman (1940) AC 282
Weda, A, The Idea Lawyer p.285 – 300

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Week Seven
Advocates Disciplinary Process
● The Roe of the Law Society of Kenya in the disciplinary Process
● The Advocates Disciplinary Tribunal
What is the nature of a disciplinary proceeding against an advocate of the High Court
of Kenya? Are the principles of natural justice observed during the disciplinary
hearings?
Maharaj Krishan Bhandari v The Advocates Committee Privy Council Appeal No 39 of 1955
In the matter of Ababu P.T. Namwamba Misc No DCC 207/2004
• Enforcing professional ethics and practice
The Advocates Complaints Commission - What is the process of filing a complaint against a
lawyer?
• Disciplinary proceedings against Senior Counsel
i) Section 2 Advocates Act; Part V Advocates Act;
ii) Section 19 Advocates Act
• Professional Offences
Week Eight
Contemporary Ethical Issues
● The law Profession in the age of the Internet
● The dynamics of an expanding profession
● The LSK politics and its impact on the society
● Techno Ethics
Week Nine to Eleven
Course wrap-up and Revision.
1. THE ADVOCATES (CONTINUING LEGAL EDUCATION) REGULATIONS, 2004
● What reforms should be introduced to the CLE to bolster legal professionalism? What is the role of
the CLE in enhancing professional ethics and practice?
2. A radical appraisal of Professional Legal Ethics and Practice (What is the image of the legal profession
to the society? Can it be salvaged? If yes, how? If no, why? What is the role of professional ethics and
practice in redeeming the image of the legal profession?)
● In the matter of an Application by Rita Biwott HCCA 238 of 1994 (unreported)
● Mark Stobbs (2002) Review of the Effectiveness of the Disciplinary Committee of the Law Society of
Kenya and The Complaints Commission

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