Explainer: How to verify authenticity of an advocate

Two people have been arrested as alleged quack lawyers

In Summary
  • With the latest developments, it seems many Kenyans are masquerading as advocates and probably using the identity of certified lawyers for their practice.
  • The search can also reveal whether an advocate has been struck off, suspended, deceased or is unknown.
LSK offers portal to verify advocates
LSK offers portal to verify advocates
Image: OZONE

The last few days have been full of flagging of alleged quack advocates in the legal practice industry. 

Just as the Director of Public Prosecutions ordered the Inspector General of police to conduct an investigation on the allegations made on Brian Mwenda reportedly masquerading as an advocate of the High Court, another suspected quack lawyer was arrested on Monday.

According to the Law Society Of Kenya President Eric Theuri, the new suspected quack advocate is being detained at the Capitol police station pending investigations and arraignment.

"The said advocate stole the identity of a real advocate and had forged a national ID under the alias and fake practising certificate to aid her illegal enterprise," Theuri claimed.

With the latest developments, it seems many Kenyans are masquerading as advocates and probably using the identity of certified lawyers for their practice.

Theuri has declared that the society will fully work on an operation to rid the industry of fake lawyers and the crackdown will be intensive, thorough and unrelenting. 

So how can a common mwanainchi identify a genuine advocate?

One, a genuine advocate needs to be to have a one-year licenced for the current year that is from January 1 to December 31 and he or she should have a practising certificate. 

To check this, a person seeking to get the services of an advocate can visit online.lsk.or.ke to verify the lawyer's details.

While on the website, insert the name of the advocate and click on search.

If the advocate has an active practicing certificate, just beside the name, it will be written - Active, if not it will indicate Inactive.

Law Society of Kenya portal for advocate's verification
Law Society of Kenya portal for advocate's verification
Image: SCREENGRAB

The search can also reveal whether an advocate has been struck off, suspended, deceased or is unknown.

According to the Advocates Act CAP 16, every practising certificate shall bear the date of the day on which it is issued and shall be effected from the beginning of that day. 

"Provided that a practising certificate which is issued during the first month of any practising year shall have effect for all purposes from the beginning of that month." 

The LSK has also urged the public to report any advocate who is working without a practising certificate to compliance.or.ke or send a letter to the society secretariat. 

"Practising without a valid practice certificate is professional misconduct tantamount to disciplinary proceedings." 

Section 4 of the Law Society of Kenya Act empowers the society to regulate legal practice in Kenya.

This includes determining, maintaining and enhancing the standards of professional practice, ethical conduct and learning for the legal profession in Kenya.

LSK is also responsible for the standardisation and registration of law firms in Kenya.

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