Legal advertisement in Kenya

  

Date Posted: 9/3/2012 1:06:54 PM

Posted By: warira  Membership Level: Gold  Total Points: 1095

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Advertising is a commonly used term in the business world but what exactly is it. Simply said, advertising is the presentation of goods or services to the public and the potential consumers. This is contrary to the popular belief that advertising is a way of selling one’s wares. Ideally it is meant for creating an awareness of the existence of the goods or services, therefore, it promotes sales. It also seeks to persuade the potential consumer to use the products. Advertising leads to competition between businesses as they improve the quality and quantity of goods so as to be above each other. It goes without saying that good advertising is essential for business to succeed.

Unfortunately the Kenyan legal profession has been denied these benefits as advocates/law firms cannot advertise their services. The denial of this right has been denied due to the strictness of the profession. For instance in the Indian case of R.N. Sharma Advocate v State of Haryana (2003) the High court judge said the following in prohibiting advertisement of legal services “ An advocate is an officer of the court and legal profession is not a trade or business, rather it is a noble profession and advocates have to strive to secure justice for their clients within legally permissible limits”. Some are of the argument that advertising would raise the legal fees which as of now are not affordable to many.

Looking at the other side of the coin there are those who support legal advertising such as the United States of America and most European countries. They argue that advertising creates competition in the profession which in turn helps in the improvement of the legal services. The main benefactors are the consumers as they are able to make an informed choice in

seeking these services and this prevents the many disappointment experienced in terms of poor services. Consumers also benefit due to the low competitive prices.

In light of the above Kenyan advocates don’t want to miss out on this and have gone ahead in clamoring for this right. Advocate Okenyo Omwansa filed a petition to be allowed to exercise his right to advertising. The High court judge, Majanja held that Rule 2 of the Advocates Practice Rules contravenes the rights of the advocates under Article 35 1(b) of the constitution on the right of access to information, Article 46 consumer rights and Article 48 right of access to justice. Therefore this ensures consumers have sufficient and accurate information to enable them to access the nature and quality of services necessary to enable them gain full benefits of legal services. Through this petition advocates in Kenya can now advertise their services. We can only wait and see whether this right will turn the Profession into a business/market or whether it will promote effective lawyering in the country.

Update on Legal Advertising in Kenya as of 2023

As of 2023, the legal landscape regarding advertising by law firms in Kenya has been undergoing reconsideration. The Law Society of Kenya has been pushing for reforms to allow lawyers more flexibility in advertising their services without compromising the profession's ethics?1. This move is aligned with the global trend where many countries permit legal advertising to foster competition and improve the quality of legal services?.

Specifically, a review of the Advocates Act regulations is underway to align with best practices observed in other contemporary bar associations both regionally and internationally. The envisioned changes will enable lawyers to showcase their competence and capacities to handle specific cases.

With these developments, law firms in Kenya are looking at a future where they can actively engage in advertising to reach a broader clientele. Online directories, such as Sheriaplex, offer a platform for law firms to list their services, making it easier for potential clients to find and engage legal professionals for their needs. This change is a win for the legal practitioners and consumers.

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