Monday, September 28, 2015

The Law Monopoly

The Law Society of Kenya is the only Bar association for advocates in Kenya. That monopoly has proven to be a bad thing, of late. The Kenya School of Law has a monopoly, though not a statutory monopoly, on the training of lawyers to qualify as advocates. These two institutions have contributed to the sorry state of affairs witnessed at the Annual General Meeting of the Society on Saturday. It is time these monopolies were busted, like the breakup of Standard Oil, US Steel and AT&T or, nearer home, Kenya Posts & Telecommunications Corporation without the incredible rent-seeking that went with that privatisation.

University of Nairobi, Moi University, Kenyatta University, Jomo Kenyatta University of Agriculture and Technology, Catholic University of East Africa, Strathmor University and Riara University are just some of the universities that offer a Bachelor of Laws degree. Law graduates from all these universities, and those who graduated from foreign universities such as University of Dar es Salaam, Kampala International University, Delhi University and Cambridge University, among many others, must all undertake the Advocates' Training Programme offered by the Kenya School of Law, and if thy are successful, they must become members of the Law Society of they are to practice as advocates in Kenya. Both institutions have become bywords for vested interests, incompetence, elitism and greed.

There are hundreds of lawyers who refuse to take up the offer to undergo the Advocates' Training Programme. They have seen their seniors on TV spitting words each other in indecorous fashion. They have witnessed their seniors debase themselves for filthy lucre. They have visited the School and almost wept at the swingeing fees levied by the School for no discernible reason other than to reduce the numbers of applicants. The reputation of the profession and of the institutions connected to it, including the Judiciary and the State Law Office, have hit a nadir; the people's confidence in the profession is at an all-time low.

It is time for radical changes. One of them must surely include a consideration of the monopolistic behaviour of the Society and the School. While it makes sense to have a professional body to enforce discipline and uphold standards of the profession, there is no reason - absolutely none - why we should have just the one Society. Why can't we have a Mombasa Law Society, a Nairobi Law Society, a Kisumu Law Society and forty seven other law societies? For the same reason, why can't we have a Law School for every university that offers the Bachelor of  Laws degree?

These monopolies can no longer effectively manage their affairs. The number of advocates unhappy with the management of the Society s growing ever larger; there is dissatisfaction with the power that old, established law firms have on the welfare of all the other members of the Society. This power is being misused to "ram through" an unpalatable desire to build a billion-shilling arbitration centre, which younger advocates feel is an unwarranted grasp at their meagre professional fees.

The School is also facing stiff resistance with some of its policies. It was behind the amendment to the Legal Education Act that requires it to administer a pre-Bar examination to all applicants. This was done without taking into account the feelings or needs of the thousands of Kenyans who will graduate from university this year with law degrees. It is seen as another attempt by the well-heeled to keep out of the "noble" profession the uncivilised and uncivil. But even assuming that the near four thousand graduates passed the examination, the School does not have the capacity or facilities to train them all.

Lawyers and advocates need options. It is no longer tenable that rapidly expanding profession is shackled to hide-bound, out-of-step institutions like the Society and the School. The time for change is now and the monopolies need to be the first casualties.

No comments:

Some bosses lead, some bosses blame

Bosses make great CX a central part of strategy and mission. Bosses set standards at the top of organizations. Bosses recruit, train, and de...