A Demand for excellence the general aspirations of the public on ethical excellence in advocates’ conduct in Kenya - a virtue ethics perspective

Abstract

Complaints against advocates for unethical conduct are lodged by the public at the Disciplinary Tribunal under section 60 of the Advocates Act, Chapter 16 of the Laws of Kenya. The Disciplinary Tribunal is the body that is empowered by the law in matters of discipline of advocates. From the nature and content of the complaints lodged at the Disciplinary Tribunal, it is discernible that there is an expectation of virtuous conduct and excellence of character in advocates by the public. An analysis of the provisions of the Advocates Act and the Advocates Practice Rules that deal with matters of ethics and conduct of advocates reveals that the kind of virtuous conduct and excellence of character that the public expects of advocates is not provided for. This study explores and concludes that applying a virtue ethics approach as the philosophical underpinning of the Advocates Act and the Advocates Practice Rules would result in the conduct of advocates becoming more virtuous and their achieving excellence of character. To achieve this, this study recommends firstly, the education of advocates in virtue with special emphasis on the virtues of justice, prudence, integrity and fortitude. Secondly it recommends fostering of a culture of virtue in legal practice by the Law Society of Kenya. Thirdly, it recommends the enforcement of virtue ethics in legal practice by way of legislation and lastly it recommends modifications to the Advocates Act and Advocates Practice Rules with rules that are imbued with a virtue ethics approach.