The Advocates (Amendment) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Senate Members Gain CLE Exemption
The Bill proposes to delete and replace Section 81(3) of the Advocates Act (Cap. 16) to explicitly extend the exemption from continuing legal education (CLE) to members of the Senate who are advocates of the High Court of Kenya.
Both Parliamentary Speakers Exempted
The amendment ensures that the Speaker of either House of Parliament (the National Assembly or the Senate) who is an advocate and holds a practising certificate is not required to complete continuing legal education during their tenure.
Practising Certificates Maintained Without Classwork
The exemption applies to any qualifying member or Speaker of Parliament who holds a practising certificate, allowing them to maintain active legal practice credentials without completing the standard continuing professional education hours otherwise required under Section 81(1)(h).
Bill No.
Senate Bills No. 21
Gazette No.
Supplement No. 84 of 2024
Sponsor
Mogeni Erick Okong'o
Background
Under Section 81 of the Advocates Act (Cap. 16), the Council of the Law Society of Kenya, with the approval of the Chief Justice, has the power to make rules governing the professional practice, conduct, discipline, and continuing professional education of all practising advocates in Kenya. Under current rules, advocates are required to complete continuing legal education (CLE) units to maintain their practising certificates. Historically, Section 81(3) exempted only members and the Speaker of the National Assembly from this requirement during their tenure.
Key Amendments
Amendment of Section 81 of Cap. 16
The Bill proposes to delete the current subsection (3) of Section 81 and replace it with a new subsection.
- Scope Expansion: The proposed subsection (3) extends the continuing legal education exemption to the Speaker of either House of Parliament or any member of Parliament (which includes both the Senate and the National Assembly) who is an advocate and holds a practising certificate.
- Duration of Exemption: The exemption applies strictly during their tenure as Speaker or Member of Parliament.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.