Law Society of Kenya Act

This Act may be cited as the Law Society of Kenya Act, 2014 and shall come into operation in accordance with the Constitution.

This section provides definitions of terms used in the Act.

Establishes a society to be known as the Law Society of Kenya.

Section assist the Government and the courts in matters relating to legislation, the administration of justice and the practice of law in Kenya;

The Law Society ("the Society") is assigned duties to regulate, supervise and enforce anti‑money laundering, counter‑terrorism financing and counter‑proliferation financing compliance for lawyers, notaries and other legal professionals, and is granted specific powers to inspect, compel documents, impose sanctions, issue guidance, share information and take necessary enforcement action.

The Law Society of Kenya (the Society) has the power to do all things necessary to achieve its objects and perform its functions.

Guiding principles: the maintenance and advancement of constitutionalism, justice and the rule of law.

The Council may make regulations about non-practising membership to promote the Society's objects and regulate its affairs.

Persons do not have to pay an entrance fee to become members of the Society.

A paid-up member who holds a practising certificate is entitled to all the rights of a member.

Members (other than honorary) may be suspended or expelled on grounds set out in the Advocates Act; a person cannot be suspended or expelled unless given a reasonable opportunity to answer allegations; regulations about suspension/expulsion are to be made in consultation with the Chief Justice and subject to section 8l of the Advocates Act; expelled persons cannot be re-admitted without a special resolution.

Non-member must cease to practice.

Section 7 defines who are members of the Society: (a) advocates whose names are on the Roll of Advocates, (b) persons admitted under section 8, and (c) honorary members elected under section 9; it also provides that a member struck off the Roll is not a member during expulsion and that expelled persons may not be re-admitted without a special resolution.

A person to whom section 10 of the Advocates Act applies may apply to be admitted as a member of the Society by the Council, in the prescribed manner.

The Council may elect any person as an honorary member, either for life or for a period the Council specifies.

Section 15: Organs of the Council — the general meeting.

The general meeting is the supreme authority and shall approve all resolutions and important decisions; it consists of all members; the secretary is secretary to the meeting; annual meeting expenses are paid from the Society's general funds; quorum is at least five percent of members; the president or, in absence, the vice-president shall preside, otherwise the Council shall nominate a presiding member.

The Council is designated as the governing body of the Society.

Sets eligibility criteria for election as a member of the Council, including being a member or former member of the Council, qualification to be a Judge of the Supreme Court, and for members of the Society: at least two years' practice since admission, no finding of professional misconduct by the Disciplinary Committee in the three years immediately preceding the election, and meeting Chapter Six requirements of the Constitution.

Members of the Council are to be elected in a transparent and fair manner.

Elections for the membership of the Council must be conducted by a body proposed by the Council and approved by the general meeting preceding the election.

The president, vice-president and Council members assume office after the ordinary general meeting following their election and hold office for two years; a person elected president serves one term and is not eligible for another term.

Lists grounds and procedural steps for removal from office, including incapacity, suspension/expulsion, bankruptcy, failure to attend four consecutive Council meetings without reasonable grounds, and that the person must be informed in writing and given an opportunity to defend.

The Council must prescribe how proceedings of the Council and its committees are conducted; the Council may establish committees of members and may, by resolution, engage non-members for expertise.

Section 24 names the Society's branches (Coast; Rift Valley; North Rift; West Kenya; South West Kenya; Mount Kenya; South Eastern; Nairobi) and provides that branches (a) deal with issues regarding practise within their centres, (b) address welfare of members practising in their centres, and (c) inform the Council of matters affecting members that require the Council's engagement with other stakeholders on behalf of the branch.

The Council must nominate representatives to statutory or public bodies; nominated persons must seek guidance and report to the Council; the Council may recall nominees and must replace any vacant position within fourteen days.

The Council appoints a secretary through a transparent competitive recruitment process; the secretary is the chief executive and is responsible to the Council for day-to-day administration; appointment is for three years with one possible reappointment; removal requires written reasons and an opportunity to defend.

There shall be a secretariat of the Society to be headed by the secretary; the secretariat is responsible for day-to-day management and must receive instructions from the Council through the secretary.

Section 28 requires the secretariat to be structured to promote practice excellence and client care and establishes specified directorates with stated responsibilities, and allows the Council to create other directorates as needed.

Council members, officers, staff and agents are not personally liable for acts done bona fide in execution of Council functions or for good-faith neglect; the Society must pay certain legal expenses and remains liable for compensation or damages caused by exercise of powers or failures of works.

The Council must convene an ordinary general meeting each March and must present a full report of the Society's activities for the immediately preceding year to that meeting.

Members can requisition a special general meeting if at least five percent of members from each branch do so, subject to formal requirements; the Council must convene within 14 days of a valid requisition or members may convene the meeting themselves under conditions.

The Council must prescribe how to convene general meetings of the Society and the procedure at those meetings, subject to the Act.

Resolutions at a general meeting of the Society are passed by simple majority, except where a special resolution is required.

Members present at a general meeting each have one vote; the Council president has a casting vote.

The Council must prescribe the voting procedure for general meetings, subject to the Act, from time to time.

A resolution of the Law Society passed at a general meeting cannot be altered or rescinded within nine months of its passage unless the Society passes a special resolution.

The Council must ensure proper minutes of all Council meetings and of the general meeting are taken and recorded.

The Council must keep proper books and records of the Society’s accounts, have them audited as of 31st December each year, and present the audited accounts of the preceding year at every ordinary general meeting.

The common seal must be kept and used in the custody and manner prescribed by the Council with the approval of the general meeting from time to time.

The Council may establish thematic committees of Society members to assist or advise the Society on carrying out its functions; there shall be a standing Budget and Finance Committee.

Section 41 appears as a heading: "Regulations" and includes the phrase "annual subscriptions".