Description

Professional Ethics and Practice

QUESTION ONE

The Judiciary of Kenya has recently signed a Memorandum of Understanding (MOU) with the Council of Elders of Kenya, a body bringing together elders from atl the ethnic communities in Kenya. Under the said MOU, the Judiciary and the Council of Elders have pledged to explore ways of bringing to life the constitutional provisions regarding the use of alternative justice system as a means for recognizing the reality that over 90% of Kenyans access justice through these informal forums. As a preliminary to the •implementation of the MOIJ, the Judiciary has for your services as a lead expert in Professional Ethics and Practice to prepare a handbook containing the essence of professional ethics and practice-in the formal legal arena as welt as a code of practice that could be customized for use by elderS in their

alternative forums.

• Explain to the Council of Elders the importance of professional ethics and practice to the legal profession and why it is necessary that aspects of the same should be applicable in the alternative justice system. (4 marks)
• Prepare the code of conduct for use by the elders in the alternative justicesystem• with relevant parts borrowed from the elements comprising professional ethicSand. practice as exists in Kenya’s Legal profession today. Ensure that your code of conduct is welt explained with reasons for the choice of each element; (16 marks)