Serving speakers of parliament and MPs who are advocates of the High Court will soon be exempted from undertaking continuous legal education.
In a new bill, lawmakers will no longer undertake the continuing professional development administered by the Law Society of Kenya.
The Advocates (Amendments) Bill, 2024 has been published for introduction for first reading in the Senate.
It is sponsored by Nyamira Senator and Senior Counsel Okong’o Omogeni.
“The principal object of the Bill is to amend section 81 of the Advocates Act to exempt members of the Senate who are advocates of the High Court of Kenya from the requirement to undertake continuing legal education,” the Bill says.
The Bill deletes section three of the parent Act that says speaker of either House of Parliament or MP who is an advocate and holds a practicing certificate can undertake continuing legal education.
Currently, the law requires all lawyers to undergo CPD every year. The LSK CPD ensures continuous professional learning for all advocates after they are admitted to the Bar.
The lawyers earn points from the assessment which informs the annual renewal of their practicing certificates.
The Law Society of Kenya Continuous Professional Development has been in operations for years.
The CPD programme is self-financed by registration fees charged on participants.
“Every applicant for an annual practicing certificate shall be accompanied by proof that the applicant has secured five units of continuing legal education during each practicing year," Regulation 11 of the Advocates Act (Continuous Professional Development) Regulation, 2004 states.
In the Bill, Omogeni argues that the current requirement that all advocates, including sitting MPs, must undergo the programme is hindering the lawmakers from discharging their mandates.
“This Bill affects the professional development of members of the Senate who are advocates of the High Court of Kenya,” he said.
The lawmaker argues that Senate’s roles under Article 96 of the Constitution include representing counties by considering, debating and approving Bills that concern counties.
“Any Bill that touches on the welfare of Members of the Senate directly affects the Senate’s ability to undertake its aforementioned constitutional mandate,” he said.
The Bill is likely to trigger disquiet in the legal field.
LSK President Faith Odhiambo said she was unable to comment on the Bill as the Society had not received a copy of the proposed law.
“I can only comment when I see the Bill,” she said when contacted.