Lawyers' quest for pay boost to hike legal fees

The Law Society of Kenya wants the fees charged for legal services increased in a move to boost pay in the profession.

They want fees charged for services offered to clients increased, in some instances, by 300 per cent.

LSK chairman Eric Mutua said Thursday the fees were last reviewed through the Advocates Remuneration Order in 2006, but downwards.

And the lawyers have received support from the Attorney General’s office, Architectural Association of Kenya and Association of Professional Societies of East Africa, Mr Mutua said during a consultative meeting on the scale of fees for professionals at Laico Regency in Nairobi.

The Kenya Bankers Association however opposed the increment with chairman Habil Olaka saying it will lead to high lending rates.

For instance, Mr Mutua said LSK wants the Sh47,000 litigation fees for amounts of less than Sh500,000 raised to Sh150,000. The fee stood at Sh68,000 in 2006 before being reduced.

He said the 1.25 per cent conveyance fee for any agreement of sale worth between Sh3 million and Sh6.5 million should be increased to two per cent.

“Conveyance fees of agreements between 0 and Sh500,000 should be increased to five per cent,” Mr Mutua said.

Lawyers, he said, should earn 1.5 per cent for any conveyance agreement worth more than Sh1 million, up from 0.25 per cent.

Asked if increasing the cost of litigation and conveyance would limit access to justice, Mr Mutua said those who could not afford could seek probono services offered by LSK or Kituo Cha Sheria.

The chairman said LSK wants Kenya to be at par with neighbouring Tanzania and Uganda where lawyers are paid more for their services due to cross border trade.

While the lawyers fetch 1.25 per cent of the suit if it costs of more than Sh20 million, in Tanzania their counterparts get three per cent for any amounts of more than Sh1 million while in Uganda, the professionals get five per cent for similar amounts.

The lawyers’ recommendations arise from a report prepared by the LSK Committee on Remuneration Order chaired by Mr Benjamin Musau.

The report is to be presented to the CJ who has discretion to appoint another committee to harmonise the proposals with those of other stakeholders. The CJ has returned an earlier recommendation by LSK to allow for public participation as per the constitution.

Mr Musau said the increment is to allow lawyers cater for their subsistence and overheads and that is a result of high inflation rate and earlier reduction of the fees.

“Lawyers hold a special position and if left out in pay increments, they will develop their own means, a thing that will affect the society. Low remuneration results in mediocre service which affect the economy,” Mr Musau said.

Deputy Solicitor General Muthoni Kimani who represented AG Githu Muigai said lawyers deserve better payment for their services and urged the Registrar of the Supreme Court to review their fees.

“It is a pity that if for instance the present Senate goes to court and is charged Sh50 million, the clerk will be told to explain. Lawyers should get value for their work as sometimes they have to prepare multitude of documents,” Ms Kimani said.

She said access to adequate legal representation is key to avoid injustice in society.