Incentivized Justice: Reforming Continuous Professional Development (CPD) requirements to mandate Pro Bono for license renewal in Kenya

Introduction

The Constitution promises justice as one of the fundamental rights. It belongs to each citizen, though for many ordinary citizens, the path to justice can feel out of reach. Cost and distance often impede access to justice. With already strained budgets, Legal representation is a far-fetched dream and a distant reality. The middle-income families are barely able to afford the services of a private lawyer.

1 It is in such a gap that pro bono services can not only be viewed as a charitable act, but as an act that goes beyond goodwill. They open doors to justice that many indigent people feel are locked.

These services make the constitutional promise a reality. Access to justice means the ability of an individual who seeks justice to access legal information, legal advice, legal assistance, and legal representation. Regardless of background, pro bono services ensure that justice is not based only on those who can afford it.

2 Transactional quality of present CPD accumulation Each year, thousands of lawyers in Kenya scramble to gain CPD points as a prerequisite for license renewal. The existing system, as per the Advocates Act (Continuous Professional Development) Regulations, 2014, states that an advocate shall participate in or attend approved events at which that advocate shall accrue a minimum of five units, except where that advocate has been exempted in part or in whole

3 All applicants for an annual practicing certificate shall be accompanied by evidence that the applicants have acquired five units of continuing legal education in every season of practice.

4 The prime purpose of the Continuing Professional Development (CPD) is to ensure advocates continuously improve and modernize their professional knowledge, skills, and competence. It fosters individual development and the development