In Kenya, legal fees can often feel like a mystery to many clients. How much should you really pay a lawyer? Is there a standard rate, or can lawyers charge whatever they wish? In a recent interview, celebrated lawyer Danstan Omari gave a clear breakdown of how lawyer fees in Kenya work, the laws that govern them, and what clients should be aware of before hiring legal representation.
This guide breaks down everything you need to know about legal fees in Kenya, based on Omari’s insights.
Is There a Standard Rate for Lawyer Fees in Kenya?
According to Danstan Omari, yes and no.
There is a legal framework that guides how lawyers should charge clients. This framework is called the Advocates (Remuneration) Order, which is established under the Advocates Act and updated regularly by the Chief Justice. This Order outlines the minimum and maximum charges that lawyers can apply for different types of legal services—ranging from conveyancing and litigation to consultancy and documentation.
However, Omari emphasizes that lawyers are not strictly bound to one uniform rate. Instead, legal fees can vary depending on:
- The complexity of the case
- The experience and seniority of the lawyer
- The time and resources required
- Mutual agreements between the client and the lawyer
What is the Advocates (Remuneration) Order?
The Advocates (Remuneration) Order is the legal document that determines the baseline cost of legal services in Kenya. It serves three main purposes:
- Protecting clients from being overcharged
- Standardizing fees to some extent
- Providing a reference point in case of disputes between clients and advocates over payment
If a lawyer charges below this Order without good reason, they can be punished for professional misconduct. Conversely, if they charge too much without justification, the client can raise the matter with the Law Society of Kenya (LSK) or the courts.
Can a Lawyer and Client Negotiate Fees Privately?
Yes, and this is very common.
Omari makes it clear that fee negotiation is legal, provided that both parties agree and the lawyer does not exploit the client. For example, a high-profile criminal lawyer may charge more due to their experience and record of success. A junior advocate might charge less, especially for less complex matters like affidavit drafting or company registration.
Still, all fee agreements must fall within ethical boundaries.
“Even if a client agrees to pay Ksh 50 million, the lawyer must ask: is it fair, is it professional, and is it justifiable?” — Danstan Omari
Can a Client Challenge Legal Fees?
Absolutely.
If a client believes they’ve been overcharged or if no written agreement was made regarding fees, they can request a taxation of the advocate’s bill of costs. This process is handled in court, where a judicial officer reviews the bill against the Advocates (Remuneration) Order and adjusts it accordingly.
Clients are encouraged to always ask for a written agreement or fee note from their advocate to avoid future misunderstandings.
Other Factors That Influence Lawyer Fees in Kenya
- Location of Practice: Lawyers in major cities like Nairobi or Mombasa tend to charge higher due to operational costs and demand.
- Urgency of the Case: Matters that require immediate or overnight attention may attract premium fees.
- Court Filing Fees: These are separate from advocate fees and are paid directly to the judiciary or registrar.
- Consultation vs. Representation: A lawyer may charge a flat consultation fee, but court representation, document drafting, or case filing may come with additional charges.
Is It Ethical for Lawyers to Overcharge Desperate Clients?
Omari warns that lawyers who prey on desperate clients—especially in emotionally charged cases such as divorce, criminal defense, or land disputes—are not only unethical but also liable to disciplinary action.
The LSK Disciplinary Tribunal exists to hold such lawyers accountable. Clients who feel manipulated, threatened, or defrauded can report their advocate for misconduct.
Final Advice from Danstan Omari to Clients
- Research your lawyer’s reputation and experience
- Ask for a breakdown of fees in writing
- Know your rights under the Advocates Act
- Report unethical conduct to the LSK or seek taxation in court
Conclusion: Know Your Rights Before You Pay
Lawyer fees in Kenya are not a one-size-fits-all affair—but they’re also not a free-for-all. The Advocates (Remuneration) Order, the Law Society of Kenya, and the courts all play a role in protecting both clients and lawyers from exploitation.
Danstan Omari’s key message is simple: A good lawyer is transparent, ethical, and fair. Before you pay any legal fee, know the law, ask questions, and demand clarity.
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