Definition: Under section 2(1) of the interpretation and General Provisions Act Cap 2 and the Advocates Act 1989 an advocate is any person whose name has been duly entered as an advocate in the Roll of Advocates.
He has also been defined as a person who has been admitted as an advocate by :Ire Chief Justice. The law relating to Advocates is contained in the Advocates Act 1989
Qualifications for admission
To qualify for admission as an advocate, one must:
1. Be a citizen of Kenya
2. Hold a law degree from a recognized University
3. Satisfy the Council of Legal Education examination requirements.
Procedure for Admission
1. A formal petition must be made to The chief Justice through the high court register.
2. Copies of the petition must be sent to the Council of legal education and the Law society of Kenya
3. Notice of the petition must be given.
4. The petition must be published in the Kenya Gazette
5. The Chief Justice hears the petition in chambers.
6. The petitioner than takes the oath of office in open court
7. The admitted person then signs the roll of Advocates.
Duties of an Advocate
1. Duty to the court: As an officer of the court, an advocate is bound to assist in the administration of justice by urging the law as it is.
2. Duly of client: An advocate owes a legal duty of care to his clients. He must urge his client’s case in the best manner possible.
3. Duty to his profession: As a member of a profession, an advocate is bound to maintain the highest possible standards of conduct, integrity by observing the law and other rules.
4. Duty to society: As a member of the society, he is bound to assisting its social, political and economic development.