Duty to the Client

Advocates owe their clients a duty of care and loyalty, which is recognized by the Advocates
Act, Chapter 16 of the Laws of Kenya. Section 44 of the Act provides that an advocate shall
at all times uphold the interests of their client and act in good faith and with due diligence.
The Act also sets out the professional conduct of advocates, which includes maintaining
client confidentiality, avoiding conflicts of interest, and providing competent representation.

An advocate owes a number of duties to his or her client, which can be classified into two
broad categories: ethical and legal duties.

Ethical duties are those obligations that are required by the legal profession’s code of ethics,
and include:

Confidentiality: An advocate is required to keep confidential all information disclosed to him

by his client in the course of professional engagement, unless authorized by the client or
required by law.

Loyalty: An advocate has a duty to be loyal to his client and to act in his client’s best
interest. This duty requires an advocate to avoid any conflict of interest that may arise
between his duty to the client and any personal interest he may have.

Diligence: An advocate has a duty to act with reasonable diligence and promptness in
representing his client, and to keep his client informed of the progress of his case.

Competence: An advocate has a duty to provide competent representation to his client,

which includes the legal knowledge, skill, thoroughness, and preparation necessary for the
representation.

Legal duties, on the other hand, are those obligations that are imposed by law or the
constitution. In Kenya, these duties are primarily set out in the Advocates Act, Cap. 16, and
the Constitution of Kenya, 2010.

Under the Advocates Act, an advocate has a duty to:

  Uphold the rule of law and promote and facilitate the administration of justice.

 Protect and promote the interests of his clients.

 Not act in any manner that is likely to bring the legal profession into disrepute.

 Not engage in any conduct that is likely to undermine the administration of justice or
to prejudice the fair trial of any person.

Under the Constitution of Kenya, an advocate has a duty to:

 Uphold the Constitution and the law.

 Promote the rule of law, access to justice, and the protection of human rights.

 Not engage in any conduct that is prejudicial to the proper administration of justice.

 Promote and protect the public interest.

There are numerous case laws in Kenya that illustrate the application of these duties. For
example;

In the case of Republic v Keino and Another [2000] eKLR, the court emphasized the duty of
advocates to act in the best interests of their clients, while also upholding the integrity of
the legal system. The court stated that advocates must not mislead the court or engage in
any conduct that could bring the legal profession into disrepute.

In the case of Republic v Deya [2011] eKLR, the court found that the advocate representing
the accused had breached their duty of care to the client by failing to adequately prepare for
the trial and failing to raise crucial defences. The court held that the advocate’s conduct fell
below the standard of care expected of a competent advocate, and as a result, the accused
had not received a fair trial.
In the case of Republic v. Munene, Criminal Appeal No. 200 of 2013, the Court of Appeal
held that an advocate’s duty of confidentiality is absolute, and that an advocate cannot
disclose any confidential information even if it is in the public interest to do so.

In the case of Ahmednasir Abdullahi & 3 Others v. The Law Society of Kenya & 2 Others,
Petition No. 44 of 2018, the High Court held that an advocate’s duty to his client is
paramount, and that any conflict between the advocate’s duty to the client and his duty to
the court must be resolved in favor of the client’s interests

These cases and others demonstrate the importance of an advocate’s duties to his clients,
and the serious consequences that can result from a breach of these duties.