Cost of legal aid raised by 30pc

Kenyans seeking legal services will have to pay more after the gazettement of new rates for advocate fees by Chief Justice Willy Mutunga.

Dr Mutunga increased the charges by 30 per cent for all lawyers doing litigations and conveyance.

The advocates Remuneration Amendment order, 2014 prohibits advocates from accepting remuneration less than provided by the order.

“The remuneration of an advocate in respect of conveyance and general business (not being in any action, or transacted in any court or in chambers of any judge or registrar) shall be regulated,” stated the gazette notice.

Some of the areas affected include sales, purchases and securities, leases and agreements for land, company’s formations, incorporations and registrations, and generation litigations.

In releasing the order, the Chief Justice said he considered whether it was desirable or proper in an open and free economy such as Kenya to set legal fees or fix legal prices, as opposed to letting such fees or prices be determined competitively by market forces or to have legal fees and prices prescribed and regulated.

Dr Mutunga pointed out that as much as advocates have to be paid for their services, it was not fair for those who benefit from the services to overcharged.

“While it is necessary to attract the best minds into the legal profession and to compensate advocates fairly, it is also a constitutional requirement to ensure that legal fees are not too high as to impede access to justice, and that trade in legal services is not cartel-driven,” he said.