Kenyan lawyers must remain members of the Law Society of Kenya (LSK) and earn Continuing Professional Development (CPD) points to renew their practicing certificates, the Court of Appeal has ruled.
In Civil Appeal No. 371 of 2019, a three-judge bench of Justices Gatembu Kairu, Pauline Nyamweya, and Jessie Lesiit dismissed an appeal by Eunice Nganga, who had challenged the constitutionality of provisions in the Advocates Act, the LSK Act, and the CPD regulations.
Nganga argued that compulsory membership in the LSK and the requirement to accumulate CPD points violated her constitutional rights to freedom of association and equality before the law under Articles 27 and 36.
She sought to have the provisions declared unconstitutional and to create an independent regulatory authority free from the LSK’s control.
Court Ruling on LSK Membership
The court, however, held that the legal profession requires stricter oversight than other fields. Quoting from the judgment, the judges noted.
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“The legal profession differs from others because of the particular role performed by lawyers in a democratic society, protecting the citizen from the arbitrary abuse of power by the state. That role requires that, in determining how best to regulate the legal profession, the independence of the profession must be the paramount consideration,” the court document read.
The appellate court stated that CPD requirements serve a legitimate aim, ensuring that advocates remain competent and updated with developments in the law.
“The compulsion to join the LSK under sections 22 and 23 of the Advocates Act is a condition for the issue of practicing certificates to advocates… This is a permissible and reasonable limitation within the meaning of Article 24 of our Constitution,” the ruling read in part.
Different Regulatory Framework
The judges also rejected the argument that the provisions were discriminatory, ruling that different professions require different regulatory frameworks.
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They stressed that mandatory membership helps safeguard public confidence in legal practitioners and protects clients from unqualified individuals.
“Doing away with this provision… would cause confusion in the legal profession because it will be infiltrated by quacks which would ultimately damage the affairs of the society, including issues of discipline of its members,” the document further read.
While acknowledging that the requirements limit certain constitutional rights, the court found the limitation reasonable and justified in an open and democratic society.
The appeal was dismissed with no order as to costs, given the matter’s public interest nature.
The ruling cements the legal framework that makes LSK membership and continuous training mandatory.
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