GAZETTE NOTICE NO. 14666

PURSUANT to section 53(9) of the Advocates Act and rule 12 (1) of the Advocates (Complaints Commission) Rules, 1991 it is notified for general information that from 1st July 2012 to 30th September, 2012, the Commission received a total of three hundred and nine (309) new complaints out of which fifty two (52) were classified and files opened. Two hundred and fifty seven (257) were submitted for further enquiry under Preliminary Enquiry Initiative. 2. The nature of new complaints is as shown below: Nature of complaints No. of complaints (a) Failure to account 6 (b) Failure to keep client informed Nil (c) Failure to render professional services 13 (d) Withholding funds 26 (e) Issuing Dishonored Cheques Nil (f) Delay Nil (g) Overcharging 1 (h) Others 6 TOTAL 52 3. Complaints filed against advocates/firms of advocates were disposed of in the following manner: (i) Classified Complaints No. of Complaints (a) Abandoned 51 (b) Settled 19 (c) Closed: no misconduct disclosed 33 (d) Dismissed 4 (e) Withdrawn 1 (f) Advocates deceased 2 (g) Others 1 TOTAL 111 (ii) Preliminary Enquiry (PE) complaints  Total number of complaints subjected to preliminary Enquiry (PE) was two hundred and fifty seven (257).  Total number of complaints settled under the Preliminary Enquiry (PE) was one hundred and ninety nine (199). 4. The matters referred to the Disciplinary Committee (DC) during the same period for further action and in accordance with Section 57(1) of the Advocates Act were forty one (41). 5. During the same period a further twenty one (21) cases were disposed of as follows: No. of Complaints (a) Advocates Struck Off the Roll of Advocates 1 (b) Advocates suspended 1 (c) Advocates acquitted Nil (d) Settled (matters resolved) 18 (e) Withdrawn 3 (f) Advocates deceased 3 THE KENYA GAZETTE 12th October, 2012 3910 3910 (g) Dismissed Nil (h) Admonished Nil (g) Others Nil TOTAL 26 6. In pursuant to section 53(4) and in the spirit of section 53 (5) of the Advocates Act, twenty one (21) complaints were settled amicably at the Advocates Complaints Commission. Dated the 3rd October, 2012. JOSEPH KING’ARUI, Chairman.