GAZETTE NOTICE NO. 437

PURSUANT to section 53(9) of the Advocates Act and 12(1) of the Advocates (Complaints Commission) Rules 1991, it is notified for general information that from1st October 2011 to 31st December 2011, the Commission received a total of two hundred and forty one (241) new complaints out of which thirty two (32) were classified and files opened. Two hundred and nine (209) were submitted for further enquiry under preliminary initiative. 2. The nature of new complaints is as shown below: Nature of complaints No. of complaints (a) Failure to account 4 (b) Failure to keep client informed 2 (c) Failure to render professional services 14 (d) Withholding funds 8 (e) Issuing Dishonoured Cheques 1 (f) Delay Nil (g) Overcharging 1 (h) Others 2 Total 32 THE KENYA GAZETTE 13th January, 2012 86 86 3. Complaints filed against advocates/firms of advocates were disposed of in the following manner: (a) Classified Complaints No. of Complaints (i) Abandoned 49 (ii) Settled 21 (iii) Closed: no misconduct disclosed 26 (iv) Dismissed Nil (v) Withdrawn 3 (vi) Advocates deceased Nil (vii) Others 2 Total 101 (b) Preliminary Enquiry (PE) complaints • Total number of complaints subjected to preliminary Enquiry (PE) was two hundred and nine (209). • Total number of complaints settled under the Preliminary Enquiry (PE) was one hundred and ninety one (191) . 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 five (45). 5. During the same period a further seventeen (17) cases were disposed of as follows: No. of Complaints (a) Advocates struck off the Roll of Advocates 1 (b) Advocates suspended Nil (c) Advocates acquitted 1 (d) Settled (matters resolved) 9 (e) Withdrawn 2 (f) Dismissed 4 (g) Others Nil Total 17 6. In pursuant to section 53 (4) and in the spirit of section 53 (5) of the Advocates Act, twenty eight (28) complaints were settled amicably at the Advocates Complaints Commission. Dated the 3rd January, 2012. JOSEPH KING’ARUI, Chairman.