Blow to Advocates in Court Ruling
A petition had been filed to challenge the Advocate Act...
✨ Key Highlights
The Court of Appeal has upheld the mandatory Law Society of Kenya (LSK) membership for all advocates, dismissing an appeal challenging the Advocates Act. This ruling reaffirms the constitutional legitimacy of requiring LSK registration to practice law in Kenya.
- The Court of Appeal delivered its ruling on Friday, 25 July.
- The appeal was based on the claim that mandatory membership violated Article 36 of the Constitution, guaranteeing freedom of association.
- The High Court had previously dismissed the same petition in March 2019.
- The ruling supports LSK's ongoing crackdown on individuals unlawfully practicing law, with five individuals recently arrested in Bungoma County for operating unauthorized law firms for 13 years.
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Judicial Rulings and Legal Affairs in Kenya - July 2025
After a 15-year legal battle, a Nairobi man lost his bid to claim a share of his late grandfather’s property from his uncle, as the Court of Appeal upheld a High Court decision granting full ownership to his uncle. The Court of Appeal also upheld the mandatory Law Society of Kenya (LSK) membership for all advocates, dismissing an appeal challenging the Advocates Act and reaffirming the constitutional legitimacy of requiring LSK registration to practice law. The prestigious Senior Counsel designation in Kenya, equivalent to Queen's Counsel, is currently facing significant challenges due to an inactive selection committee and a controversial proposed bill, impacting the highest professional honor for advocates.
