The Law Society of Kenya has written to Business Registration Services seeking deregistration of a law firm on grounds that its manager is unqualified to hold the position.
In a letter dated June 16, 2023, LSK Director of Practice Standards Directorate Sophie Kabirai asked BRS Director General Kenneth Gathuma to delist the law firm for flouting the law for hiring a person not qualified as an advocate as its manager.
"Laws of Kenya defines a 'firm' to be an unincorporated body of 2 or more individuals or of one or more individuals. Further Section 2 of the Advocates (Accounts Certificate) Rules 1967 define 'advocate' to mean any person whose name is duly entered upon the roll of advocates," she said.
"According to our records, we do not have an Advocate by that name and should not have been part of the incorporation of the business," Kabirai added in her communication to BRS.
Further, she pointed out that the Business Names Act Cap 499, prohibits law firms from sharing of their profits with unqualified persons.
"Rule 4 of the Advocates (Practice Rules) states that no advocate may agree to share with any person not being an advocate or other duly qualified legal Agent practising in another country his profit costs in respect of any business whether contentious or non-contentious."
"In light of the above, we, therefore, urge you to immediately deregister the law firm."
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.
