Commission recovers Sh6 million lost by Kenyans to advocates

Kakamega, Thursday, April 20, 2023

K.N.A by Moses Wekesa

The Advocates Complaints Commission has recovered Over Sh.6 million from July 2022 to March this year, which was withheld by advocates without justification and that was meant for clients who requested their services to pursue court cases.

The Recovered money was as a result of complaints filed by Kenyans against advocates for a failed advocate-client relationship.

During the 2021/2022 Financial year, the Commission recovered over Sh.23Million from advocates which was returned to Kenyans who suffered the losses.

The Secretary to the Commission George Nyakundi says the commission also subjected about 352 complaints against advocates to the Alternative Dispute Resolution(ADR) mechanisms during the last financial year.

During the same period, the commission received about 1003 complaints from Kenyans against Advocates which translated to about 84 complaints per month.

From July last year to March 31st this year, the commission has received over 600 complaints.

Speaking in Kakamega during a sensitization forum on the mandate of the Commission, Nyakundi said they have already filed 114 fresh charges against advocates at the advocates disciplinary committee received from July last year to March this year.

In mediating between clients and advocates, the commission has also submitted about 200 cases to the Alternative Dispute Resolution(ADR) mechanisms this financial year to try and bring advocates and clients together.

Nyakundi said the commission has been receiving the biggest chunk of complaints from Nairobi followed by Kiambu.

“What we are trying to do is to minimize or prevent the number of complaints that come to the commission by sensitizing Kenyans about what they should do and also those who have been victims to file their complaints,” he noted.

“Where we find that trying to bring the advocate and the complainant together fails, then we are forced to refer the advocates to the advocates disciplinary committee which is the committee on tribunal mandated by law to issue sanctions against advocates who misconduct themselves,” he added.

Nyakundi advised Kenyans seeking services of Advocates to do a background search and find a proper advocate to represent them to avoid falling prey to quack and unresponsive advocates.

He also challenged clients to relate well with their advocates during representation by ensuring they get a fee agreement at the beginning, keep a record of all communication with the advocate and advise the advocate to give them a copy of any communication they issue out relating to their cases.

He said the major complaints they receive relate to misappropriation of funds or withholding funds and failure to account.

“This is a breach of trust between advocates and their clients, the advocate takes money which is not meant for him,” he added.

He said other complaints revolve around advocates failing to render services where they fail to attend court as agreed between the advocate and the client.

Courtesy K.N.A