The Place of Non-Advocate Lawyers in the Legal Practice in Kenya

The study is an examination of the Advocates Act Cap 16 Laws of Kenya. It identifies the extent to which the Act disbars non-advocate lawyers from practising law in Kenya. The study starts by acknowledging that one must be a holder of a degree in law and duly admitted to the bar as an Advocate of the High Court of Kenya to practice law in Kenya. The study is premised on the developing tendency of holders of degrees in law in Kenya and other jurisdictions, offering services related to law, without meeting the necessary requirements for admission to practice law.The study examines the implications of such practices to the legal profession. In doing so, the study defines what amounts to practising as an advocate, thus should be regulated by the relevant professional body. The study draws lessons from the practice in other commonwealth countries like the United States and Australia, to define what should be regulated as practice of law. It then concludes that such practices should be prohibited because the professional bodies lack proper mechanisms of regulating non-advocates offering legal services.