The Court of Appeal has reaffirmed that all advocates in Kenya must be registered members of the Law Society of Kenya (LSK) to legally practice, marking a significant win for regulatory standards in the legal profession.
In a judgment delivered on Friday, July 25, the appellate court dismissed a challenge filed by an advocate who argued that mandatory LSK membership violates Article 36 of the Constitution, which protects the freedom of association.
The court, however, found no merit in the claim. It upheld a 2019 High Court ruling that had previously thrown out the same petition, citing insufficient evidence to prove that the Advocates Act infringes on constitutional rights.
“The learned judge of the High Court held that the petitioners had failed to demonstrate the constitutional invalidity of the impugned provisions or how they violated any of the rights of the Bill [of Rights],” the ruling read in part. “We accordingly find no merit in the instant appeal… The appeal is therefore dismissed with no order as to cost, given its public interest nature.”
Under Kenyan law, the LSK plays a central role in maintaining standards within the legal profession ensuring that all practicing advocates meet ethical, professional, and academic thresholds. Registration not only affirms an advocate’s credibility but also protects clients from unqualified or fraudulent representation.
This ruling comes at a time when the LSK is intensifying efforts to root out imposters posing as legal professionals without valid registration an operation meant to safeguard the integrity of the justice system.
