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Browse our 12 legal questions in Kenya and the lawyer answers, or ask your own questions for free.
In Kenya, hiring a lawyer begins with identifying the legal issue you're dealing with and searching for a lawyer who specializes in that particular field. You can find legal practitioners through referrals, online searches, or legal directories such as the Law Society of Kenya's database. Once you identify a potential lawyer, it is crucial to conduct an initial consultation where you discuss your case and evaluate their expertise and professionalism. Ensure the chosen lawyer is a member of the Law Society of Kenya and holds a current practicing certificate to verify their authenticity. Discuss and agree on the legal fees before finalizing your decision.
There are numerous situations where you may require legal assistance in Kenya. You might need a lawyer to represent you in court if you're dealing with criminal charges, disputes, or lawsuits. In other instances, you may require a lawyer to offer legal advice, draft and review legal documents such as contracts, wills, or property documents, or assist with corporate law if you're setting up or running a business. Lawyers can also help in resolving family matters, such as divorce and child custody cases, or overseeing legal processes such as probate after a loved one's death.
Kenya operates under a mixed legal system of English common law, customary law, and Islamic law. The Kenyan constitution is the supreme law of the land, guaranteeing fundamental rights and freedoms to all individuals. In general, criminal law is primarily governed by the Penal Code, while the civil law aspects are covered by various laws such as the Contract Act, the Land Act, and the Family Act. Each of these areas has specific legal nuances that might require the assistance of a lawyer. Moreover, regulatory laws affecting businesses, banking, environment, intellectual property, among others, can be complex for individuals and corporations to navigate without legal help.
Yes, you can represent yourself in a Kenyan court as a 'self-represented litigant'. However, the legal system can be complex, so it's often beneficial to have a lawyer.
You can verify a lawyer's qualifications by checking with the Law Society of Kenya and asking to view their current practicing certificate.
Lawyer fees in Kenya vary depending on the complexity and nature of the case, the lawyer’s study level, and the law firm's size. Ensure you discuss all fees openly and agree on terms before hiring a lawyer.
Kenyan law recognizes attorney-client privilege, i.e., whatever you disclose to your lawyer for the purpose of legal advice is confidential and is not revealed to third parties without your consent.
The initial consultation is an opportunity to discuss your case with the lawyer, understand your legal options, evaluate the lawyer's suitability, and discuss fees.
Generally, lawyers in Kenya can handle legal matters from any part of the country, provided they are duly licensed and registered.
If you're not satisfied with your lawyer, you can discuss your concerns with them. If the issues persist, you have a right to terminate their services and hire another lawyer.
The Law Society of Kenya is a statutory body that oversees the practice of law in Kenya. It registers qualified lawyers, enforces ethical standards, and enhances better understanding of the law among the public.
In Kenya, the titles lawyer, advocate, and attorney are often used interchangeably to refer to a licenced professional who provides legal advice and representation.
Yes, foreigners can hire lawyers in Kenya. In fact, it is highly recommended especially if they are undertaking transactions such as business setup or property purchase that require a deep understanding of Kenyan laws.
The Law Society of Kenya is an essential resource for legal standards and finding registered lawyers. The Kenya Law Reports offers resources on Kenyan case law and legal news. The Judiciary's website provides information on court processes, and the Attorney General's office oversees public legal matters.
If you need legal assistance in Kenya, you should identify your legal issue, seek a suitable lawyer, set up an initial consultation, discuss your case and agree on legal fees. Make sure the lawyer you choose is appropriate for your situation, understands your needs, and is registered and practicing legally.
